Shindo v. State Of Punjab And Others

2024:PHHC:019765

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CRM-M-42470-2019 (O&M) Date of order: 09.02.2024 Shindo .....Petitioner(s) Vs.

State of Punjab & Others .....Respondent(s)

CORAM:

HON'BLE MS. JUSTICE NIDHI GUPTA Present:- None for the petitioner.

Mr. Kunwarbir Singh, AAG Punjab.

***** Nidhi Gupta, J.

Prayer in the present petition under Section 482 Cr.P.C. is for issuance of direction to respondents No.2 and 3 to conduct proper and fair investigation in Cross-case No.40 dated 29.08.2019 under Sections 323, 354, 427, 506, 148 and 149 IPC in case FIR No.307 dated 29.08.2019 under Sections 323, 354, 427, 506, 148 and 149 IPC registered at Police Station Phillaur, District Jalandhar Rural.

2.

Perusal of order sheets reveals that even on the last date of hearing, there was no representation on behalf of the petitioner. Today also, no one appears to represent the petitioner. 3.

Learned State Counsel refers to status report dated 31.08.2020 filed by way of affidavit of Davinder Kumar, PPS, Deputy Superintendent of Police, Sub-Division Phillaur, District Jalandhar (Rural), and submits that in the cross case No.40 dated 29.08.2019 under Sections 323, 354, 427, 506, 148 and 149 IPC registered by the petitioner, SHO Police SUNENA 2024.02.16 12:07 I attest to the accuracy and authenticity of this document

2024:PHHC:019765 Station Phillaur had visited the village of the petitioner in person and conducted investigation as to the truth of the facts. During the course of investigation, Sections 354, 427, 506, 148 and 149 IPC have been deleted in the cross case registered on the statement of the petitioner, and only offence under Section 323 was maintained. Entry in this regard has been made vide DDR No.48 dated 29.08.2019 (Annexure R1/T). 4.

Learned State Counsel further submits that in FIR No.307 dated 29.08.2019 under Sections 323, 354, 427, 506, 148 and 149 IPC registered by the respondents against 10 people including the son of petitioner; the petitioner and her husband Harbilas s/o Bishna have also been identified by the police with the help of CCTV camera recording produced by the complainant during the course of investigation. Accordingly, they were nominated in the above said FIR vide General Dairy Number 28 dated 05.09.2019, Police Station Phillaur, District Jalandhar. The said data of CCTV footage is on case file with the police in the shape of pen drive. The petitioner and her husband have been granted interim bail by the Court of learned Additional Sessions Judge, Jalandhar on 19.09.2019. They both joined the investigation and are currently on bail. 5.

In view of the above, I find that no further directions are required to be issued in the matter. Present petition accordingly stands disposed of.

6.

Pending application(s) if any also stand(s) disposed of. 09.02.2024 (Nidhi Gupta) Sunena Judge Whether speaking/reasoned Yes/No Whether reportable Yes/No SUNENA 2024.02.16 12:07 I attest to the accuracy and authenticity of this document