Axxxx v. State Of Punjab And ORS
CRM-M No.54245 of 2024 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH ***** CRM-M No.54245 of 2024 Date of decision : 19.11.2024 Axxxxx .............Petitioner
Versus
State of Punjab and others .......Respondents CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Vivek K. Thakur, Advocate, for the petitioner Mr. Yuvraj Singh Tiwana, AAG Punjab --- SUMEET GOEL, J. (ORAL) 1.
Status report by way of affidavit of Saravjeet Singh Brar, PPS, Deputy Superintendent of Police, City-2, Bathinda has been filed in Court today. The same be kept on record. Copy thereof has been furnished to learned counsel for the petitioner. Paragraphs no.9 and 10 of the said report read as under:
'9. After comprehensive investigation, it has transpired that no such incident had happened of committing rape with the complainant/ petitioner, on 07.04.2024 in Hotel Parish, situated in Phase-1, Bathinda,by the respondent no.4. Whereas, the complainant/petitioner in connivence with her co-Accused, were in the process of blackmailing respondent no.4 and were in attempt of extracting Rs.2,20,000/-from him. But timely intervention of the relatives of the respondent No.4's family members, an FIR No. 107 dated 10.7.2024, u/s 308 (3),3(5) BNS, PSSadar- Kotkapura, Distt. Faridkot was registered against them. As a consequence of which the Station House Officer, PS-Civil Lines, recommended to present a cancellation report exonerating Respondent Ashwani Kumar 2024.11.19 17:24 I attest to the accuracy and integrity of this document
CRM-M No.54245 of 2024 -2- No.4 in the competent court. Thereafter, the answering deponent after perusing the entire facts and circumstance and having been satisfied with the report of SHO, PS-Civil Line, Bathinda, gave consent to submit cancellation qua the case FIR and after obtaining ascent from the Senior Superintendent of Police, Bathinda. The cancellation of FIR in has been presented by the Investigating officer in the court of Ld. Chief Judicial Magistrate, Bathinda on 12.11.2024. Now the case is fixed for 07.12.2024 for further course of action.
10. It is worthwhile to say that as per disclosure by Sarabjeet Kaur (named as an accused in the FIR No. 107 dated 10.07.2024, u/s 308(3),3(5) BNS, PS-Sadar-Kotkapura, Distt. Faridkot), the involvement of petitioner in the commission of offence of trapping the innocent people and subsequently blackmailing them has come to light. Therefore, the present petition laden with subterfuge and concealments is nothing but a gross misuse of the process of law and merits dismissal with exemplary costs by this Hon'ble Court.'
2.
Faced with this situation, learned counsel for the petitioner seeks to withdraw the petition in hand with liberty to avail the alternative remedy as available in law.
3.
Ordered accordingly.
(SUMEET GOEL) JUDGE 19.11.2024 Ashwani Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No Ashwani Kumar 2024.11.19 17:24 I attest to the accuracy and integrity of this document