Sama v. State Of Haryana
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of Decision: 15.02.2025 Sama
...Petitioner
Versus
State of Haryana
...Respondent
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr. Sourabh Kandoi, Advocate for Mr. Munfaid Khan, Advocate for the petitioner.
Mr. Aashish Bishnoi, D.A.G., Haryana.
**** ANOOP CHITKARA, J.
FIR No.
Dated Police Station Sections 11.09.2021 Uttawar, District 302, 34 IPC Palwal 1.
The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.
2.
Vide order dated 19.12.2024, the concerned DySP was asked to file reply and arrest of the petitioner was stayed.
3.
The concerned DySP has filed status report and para no.5 of said status report reads as follows:- "5. That during investigation of the case, the petitioner has been found innocent in the present case and it has found that Zakir son of Rakamuddin, resident of Uttawar, who has knowledge of medical work, had opened his clinic on Pingawan Road in his village Uttawar. In 2019, Zakir employed Samma (petitioner) to work as a midwife at his clinic. Because of this, Zakir's wife Arfeena began suspecting Zakir and Samma (petitioner), which led to frequent disputes between Zakir and his wife Arfeena. Zakir also started beating his wife. Due to this, Samma (petitioner), after working at the clinic for 203 months, left the clinic and moved with her family to her sister-in-law's house in the village of Kaithwara, Rajasthan, to earn a livelihood through labor. Samma (petitioner) along with
her family, started living on rent in the house of a man named Majlis son of Jomu, resident of Kaithwara, Police Station kaithwara, District Bharatpur, Rajasthan, where she is still living. She has been earning a livelihood through hard work and labor with her family." 4.
Given above, once the petitioner has been declared innocent, there cannot be any apprehension of arrest.
5.
In view of above, the present petition is disposed of as having been rendered infructuous. All pending applications, if any, stand disposed of. It is clarified that if any further investigation is to be carried out and Investigator wants to arrest her, in that case, at least seven days advance notice be given to her to enable her to avail her legal remedies in accordance with law.
(ANOOP CHITKARA) JUDGE 15.02.2025 Whether speaking/reasoned: Yes Whether reportable:
No.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of Decision: 15.02.2025 Sama
...Petitioner
Versus
State of Haryana
...Respondent
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr. Sourabh Kandoi, Advocate for Mr. Munfaid Khan, Advocate for the petitioner.
Mr. Aashish Bishnoi, D.A.G., Haryana.
**** ANOOP CHITKARA, J.
FIR No.
Dated Police Station Sections 11.09.2021 Uttawar, District 302, 34 IPC Palwal 1.
The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.
2.
Vide order dated 19.12.2024, the concerned DySP was asked to file reply and arrest of the petitioner was stayed.
3.
The concerned DySP has filed status report and para no.5 of said status report reads as follows:- "5. That during investigation of the case, the petitioner has been found innocent in the present case and it has found that Zakir son of Rakamuddin, resident of Uttawar, who has knowledge of medical work, had opened his clinic on Pingawan Road in his village Uttawar. In 2019, Zakir employed Samma (petitioner) to work as a midwife at his clinic. Because of this, Zakir's wife Arfeena began suspecting Zakir and Samma (petitioner), which led to frequent disputes between Zakir and his wife Arfeena. Zakir also started beating his wife. Due to this, Samma (petitioner), after working at the clinic for 203 months, left the clinic and moved with her family to her sister-in-law's house in the village of Kaithwara, Rajasthan, to earn a livelihood through labor. Samma (petitioner) along with
her family, started living on rent in the house of a man named Majlis son of Jomu, resident of Kaithwara, Police Station kaithwara, District Bharatpur, Rajasthan, where she is still living. She has been earning a livelihood through hard work and labor with her family." 4.
Given above, once the petitioner has been declared innocent, there cannot be any apprehension of arrest.
5.
In view of above, the present petition is disposed of as having been rendered infructuous. All pending applications, if any, stand disposed of. It is clarified that if any further investigation is to be carried out and Investigator wants to arrest her, in that case, at least seven days advance notice be given to her to enable her to avail her legal remedies in accordance with law.
(ANOOP CHITKARA) JUDGE 15.02.2025 Whether speaking/reasoned: Yes Whether reportable:
No.