Harpreet Kaur @ Aman And ANR v. State Of Punjab And Others

2023:PHHC:160348

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-62870-2023 Date of Decision: December 14, 2023 HARPREET KAUR @ AMAN AND ANR ........Petitioners

Versus

STATE OF PUNJAB AND OTHERS ........Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Subhash Kumar, Advocate for the petitioners. *** HARKESH MANUJA, J. (ORAL) 1.

By way of present petition filed under Section 482 of CrPC, prayer has been made for issuance of direction to respondents No.1 to 3 to direct local State machinery i.e. respondents No.4 to 8 not to act illegally and appoint some independent agency to conduct fair investigation on the representation made by the petitioner dated 03.12.2023 (Annexure P-1) with a further prayer that in case, the petitioners are required for any enquiry/investigation, then they be served with notice under Section 160 CrPC.

2.

At the outset, learned counsel for the petitioners submits that instead of pressing the present petition on merits, his client would be satisfied in case direction is issued to the respondents to decide the representation (Annexure P-1) moved at the instance of petitioners by passing a speaking order expeditiously.

3.

Prayer seems to be justified.

TEJWINDER SINGH 2023.12.15 11:47 I attest to the accuracy and integrity of this document

2023:PHHC:160348 CRM-M-62870-2023 -24.

Upon advance notice, Mr. Shubham Kaushik, A.A.G., Punjab appears on behalf of respondents No.1 to 3 and raises no objection to the innocuous prayer made on behalf of the petitioners. 5.

In view of the agreed stand taken by both sides, but without going into the merits of the controversy, the present petition is disposed of with a direction to respondent No.3-Senior Superintendent of Police(Crime), District Nawanshahar to look into the representation (Annexure P-1) and take appropriate action in accordance with law by passing a speaking order preferably within a period of 04 (four) weeks from the date of receipt of certified copy of this order. Besides it, if the petitioners are involved in any complaint/FIR, statutory notice under Section 41-A/160 CrPC be served in advance.

6.

The aforesaid direction shall not be treated as expression of opinion on the merits of the averments made in the representation. 14.12.2023 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2023.12.15 11:47 I attest to the accuracy and integrity of this document