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High Court of Punjab and HaryanaCRM-M/46583/2024dismissed

Karandeep Singh Alias Karan Singh v. State Of Punjab

2024-09-19Ms. Justice Harpreet Kaur Jeewan2 pages

CRM-M-46583-2024 (O&M)  Sr. No.106

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-46583-2024 (O&M) Date of decision:   

 KARANDEEP SINGH ALIAS KARAN SINGH ........Petitioner versus STATE OF PUNJAB .......Respondent

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. Mandeep Kumar Dhot, Advocate for the petitioner.

  



  HARPREET KAUR JEEWAN, J. (ORAL) 1.

The instant petition has been filed under Section 438 of the Code of Criminal Procedure, 1973, for grant of anticipatory bail to the petitioner in case FIR No.127 dated 10.12.2023, under Sections 363, 366-A read with Section 34 IPC, 1860, registered at Police Station Arniwala, District Fazilka (Annexure P-1). 2.

Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. It is further contended that the prosecutrix has turned major on 03.04.2024 and the petitioner has solemnized marriage with her on 04.04.2024.

3.

Learned State counsel, while referring to the status report dated 17.07.2024, filed in the connected petition bearing No.CRM-M-539-2024, by way of an affidavit of Sh. Achhhru Ram Sharma, PPS, Deputy Superintendent of Police, Sub-Division Jalalabad, submits that the date of birth of the prosecutrix is 03.04.2006 and the alleged occurrence took place on 07.12.2023, as such, the prosecutrix was minor on the day of alleged occurrence. SIMRANDEEP KAUR 2024.09.23 09:52 I attest to the accuracy and integrity of this order/judgment.

CRM-M-46583-2024 (O&M)  4.

I have heard the learned counsel for the parties and perused the relevant documents.

 The present FIR has been registered at the instance of the father of the prosecutrix with the allegations that the petitioner has enticed away her minor daughter on the pretext of marrying her. It is further an allegation that the petitioner used to keep an evil eye on the prosecutrix. On 07.12.2023, the prosecutrix, who is alleged to be 17 years of age at the time of occurrence, left for school at 8:30 AM but she did not return back. The complainant-father searched for his daughter (prosecutrix) in the house of his relatives and neighbours but he could not find her. 6.

The prosecutrix, who was minor at the time of alleged occurrence, is yet to be recovered. Her statement under Section 164 Cr.P.C. is yet to be recorded and her medical examination is yet to be conducted, as such, no ground for grant of anticipatory bail to the petitioner is made out. 7.

Consequently, the present petition is dismissed. 8.

Pending miscellaneous applications, if any, shall stand disposed of. (HARPREET KAUR JEEWAN) JUDGE   

 simran Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SIMRANDEEP KAUR 2024.09.23 09:52 I attest to the accuracy and integrity of this order/judgment.