Kirandeep Kaur And Others v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision:-16.10.2023 Kirandeep Kaur and others ......Petitioners

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. Abdul Aziz, Advocate for the petitioners. Mr. P.S. Grewal, DAG, Punjab.

**** ALOK JAIN, J. (Oral) 1.

The present petition has been filed by the petitioners to protect their life and liberty at the hands of private respondents. 2.

It is submitted that the representation dated 08.09.2023 (Annexure P-1) has not been looked into and the petitioner No. 1 is facing threats from respondent No. 5.

3.

Per contra, learned counsel for the State, on oral instructions from ASI Sohan Lal has submitted that petitioner No. 1 is a widow lady and was in relationship with respondent No. 5, however, since, she started blackmailing and threatening the respondent No.5, he has already lodged complaint with the police authorities qua which the petitioners have been called. The date of the complaint filed by respondent No. 5 against

petitioner No. 1 is also not forthcoming.

4.

Learned counsel for the petitioners fairly submits that he has no information qua any earlier FIR against petitioner No. 1 under Section 384 of IPC (Extortion).

5.

The only allegation in the present petition is that the petitioners are receiving calls from the Police Station and are being called to the Police Station and hence, they feel threatened and there is no notice of Parwana being served upon them.

6.

Heard learned counsel for the parties and gone through the averments made in the petition.

7.

It is imperative to record here that there is no requirement to issue notice to the complainant and the preposition that the respondentAuthorities are wanting to have certain additional information with regard to the complaint filed by the petitioner to proceed in the matter, cannot be ruled out. More so, once there is a complaint against the petitioners and a complaint by the petitioners also, the police authorities are bound to call the concerned parties for investigation.

8.

It is expected that the respondents-authorities shall proceed in accordance with law and in case, the petitioners still fail to appear before the authorities to enable them to further investigate in the matters i.e. the complaint filed by petitioner No. 1 and the complaint filed by respondent No. 5 against each other, the authorities shall proceed in accordance with law.

9.

It has come to the notice of this Court that in the photocopies of aadhar cards the photo of aadhar card holder is not visible at all and even

the number of the aadhar card is also not forth coming in some cases. 10.

Let the copy of this order be sent to the Registrar General and OSD Judicial (Listing) and also to the Superintendent of DRR to sensitize the officials to be more diligent while checking and passing the petitions. 11.

In view of the above, the present petition stands disposed of. (ALOK JAIN) JUDGE October 16, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No