Manisha Ahuja v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision:-23.03.2023 Manisha Ahuja ......Petitioner

Versus

State of Punjab and others ......Respondents

CORAM:

HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. D.S. Nirban, Advocate for the petitioner. Mr. Arun Gupta, AAG, Punjab.

**** ALOK JAIN, J. (Oral) CRM-9914-2023 Application is allowed as prayed for.

Annexure A-1 to Annexure A-3 are taken on record. CRM-M-6228-2022 The present petition is for issuance of direction to respondent No.2 to properly investigate and register a case against the accused mentioned in the compliant/statement.

Learned counsel for the petitioner has vehemently argued the matter and submits that despite there being serious injuries caused to the petitioner, no cogent action was being taken. In one breath, learned counsel for the petitioner submits that no action is being taken but in the second

breath, he submits that through her own application, the matter was transferred from Police Station Kotwali, Nabha (Patiala) to Women Cell, Commissionerate of Police Ludhiana.

Learned State counsel had already filed the status report by way of an affidavit of Mr. Rajesh Kumar, PPS, Deputy Superintendent of Police, Circle Nabha, District Patiala, on behalf of respondents No.1 and 3 and another reply by way of an affidavit of Mr. Gipal Singh, PPS, ACP, CAW & C. Cell, Ludhiana on behalf of respondent No.2 Commissioner of Police, Ludhiana and both the reports demonstrate that thorough inquiry was conducted at Nabha as well as by the Officers at Ludhiana and found no substance in the complaint.

After considering the arguments by the counsels and perusing the record, it transpires that the matter has been thoroughly investigated by the police authorities but it is the petitioner who on her own whims and fancies, time and again, gets the inquiry transferred from Nabha to Ludhiana and it has also come in the status report that the petitioner instead of joining the inquiry had sent an email with a request that the matter be sent to Ludhiana. Subsequently, when the matter was investigated by CAW and C Cell Ludhiana, it was found that all the inquiries alleged to have been inflicted upon the petitioner were simple in nature and opined that the complaint be consigned, as no cognizable offence was made out and hence, the FIR could not be registered. This finding was further looked into by ADCP Zone Ludhiana which examined the reports and had agreed with the inquiry conducted.

In the light of the above, this Court finds no merit in the present petition and the same is accordingly, dismissed. Pending miscellaneous application, if any, stands disposed of. (ALOK JAIN) JUDGE March 23, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No