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High Court of Punjab and HaryanaCRWP/11343/2022disposed of

Neeru Sharma v. State Of Punjab And Others

2024-07-30Ms. Justice Nidhi Gupta3 pages

CRWP-11343-2022 (O&M) -1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRWP-11343-2022 (O&M) Date of Decision: 30.07.2024 Neeru Sharma .... Petitioner

Versus

State of Punjab and others .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Ms. Komalpreet Kaur, Advocate for the petitioner. Ms. Aakanksha Gupta, A.A.G., Punjab.

Mr. Sandeep Godara, Advocate for Mr. A.P.S. Rehan, Advocate for respondents No. 6 to 9 and 12 to 16.

*** NIDHI GUPTA , J. (ORAL) Prayer in the present petition is for issuance of a writ in the nature of mandamus directing official respondents No. 2 and 3 to provide adequate security to the petitioner as respondents No. 4 to 16 had been pressuring the petitioner to compromise the matter with respect to criminal case registered against respondent No.4. In compliance of order dated 02.12.2022 passed by a Coordinate Bench of this Court, learned counsel for the State submits that as per para 3 of the status report dated 09.01.2023 filed by way of affidavit of the Deputy Superintendent of Police, City, District Gurdaspur on behalf of the respondents No. 1 to 3, necessary direction has been issued to the SHO, Police Station Sadar Gurdaspur by

CRWP-11343-2022 (O&M) -2 - respondent No. 2 (SSP/Gurdaspur) vide office letter No. 5992-Lit. Dated 06.12.2022 to protect the life and liberty of the petitioner. Learned counsel for the State has also drawn attention of this Court to the averments made in para Nos. 5 and 6 which read as follows:- "5. That it is humbly submitted that no representation dated 15.10.2022 i.e. Annexure P-1 received in the office of the respondent No. 2 (SSP/Gurdaspur) from the petitioner. In this regard, the petitioner had filed a representation dated 14.09.2022 and 18.10.2022 to the office of the Inspector General of Police, Border Range, Amritsar and same was marked to the respondent No.2 for further necessary action. The matter got enquired by SHO Police Station Sadar Gurdaspur. He has submitted his report that MLR No.96/R.Masih/August-2022 dated 29.08.

2022 of the petitioner, six injuries were mentioned, all injuries were simple. Injuries No. 1,2,3,4,5 were blunt and injury No. 6 weapon could not be ascertained. As per the statement and MLR of the petitioner, the offence under section 323/354B/506/148/149 IPC was made out. During the preliminary inquiry of ASI Ranbir Singh of Police Post Joura Chhitran (Police Station Sadar Gurdaspur), the matter was found doubtful. Hence the DDR was registered vide G.D. No. 47 dated 02.09.2022. The respondent No.3 (SHO PS Sadar Gurdaspur) to verify the facts and recorded the statements of respected person. During the inquiry, the allegations leveled by the petitioner mentioned in DDR No. 47 dated 02.09.2022 against the respondent No. 5, 6, 8, 9, 10, 13, 14, 15 & 16 were found to be false. Hence, the DDR was registered vide G.D. No. 36 dated 15.10.2022.

CRWP-11343-2022 (O&M) -3 -

6. That it is humbly submitted that the deponent persued the above said DDRs, did not agree with the report and issued directions to SHO Police Station Sadar Gurdaspur to proceed under section 154 Cr.PC by registering FIR and investigating the FIR. Hence, a case FIR No. 01 dated 03.01.2023 under section 323/354-B/506/148/149 IPC Police Station Sadar Gurdaspur has been registered against respondent No. 5, 6, 8, 9, 10, 12, 13, 14, 15 & 16." In view of the facts as noticed above, no further directions are required to be issued in the matter; and the present petition stands disposed of accordingly.

Pending application, if any, stands disposed of. 30.07.2024 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No