Punjab-Haryana High Court
Balwant Kaur vs State Of Punjab & Others on 13 March, 2014
CRM-M No.12001 of 2013 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No.12001 of 2013
DATE OF DECISION: March 13, 2014
BALWANT KAUR ...PETITIONER
VERSUS
STATE OF PUNJAB & OTHERS ...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE M. JEYAPAUL.
1. Whether the judgement should be reported in the digest? Yes/No
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PRESENT: MR. J.K.KAMBOJ, ADVOCATE
FOR MS. VEENA KUMARI, ADVOCATE
FOR THE PETITIONER.
MR. PREMJIT SINGH HUNDAL, AAG, PUNJAB.
M. JEYAPAUL, J.(ORAL)
1. The petition is filed praying for registration of a case under appropriate Sections and investigate the matter.
2. Heard the submissions made on either side.
3. Learned counsel appearing for the petitioner referring to the decision of this Court in CWP No.5567 of 2009 (World Human Rights Protection Counsel & Another vs. State of Punjab & others) dated 24.7.2012 submitted that wherever the SHO is reported of the missing of a person, he is bound to register a case and investigate the matter. Mere recording of DDR by the SHO would not serve the purpose.
4. Learned AAG, Punjab would bring to the notice of this Court that the petitioner without approaching the Station House Officer straight away sent a complaint to the SSP of the District, who instructed the DSP to Gulati Sumit 2014.03.19 10:53 I attest to the accuracy and integrity of this document CRM-M No.12001 of 2013 -2- enquire into the matter and submit a report. It is his further submission that as per the report, though the son of the petitioner was missing, there was no truth in the allegation that he was done to death.
5. As rightly pointed out by the learned counsel appearing for the petitioner, a Division Bench of this Court in World Human Rights Protection Counsel's case referred to above has come out with a clear direction to the SHO of the Police Station to register a case whenever a report regarding missing of a person/child is reported. As the SHO of the concerned police station in the instant case had not received any complaint directly from the petitioner, it appears that the SHO of the police station had no occasion to register a case.
6. In view of the above, the petitioner is directed to approach the SHO of the police station concerned with a copy of the complaint upon which the SHO of the police station concerned shall register a case and investigate the matter in accordance with law.
7. In the aforesaid terms, the petition is disposed of.
March 13, 2014 (M. JEYAPAUL)
Gulati JUDGE
Gulati Sumit
2014.03.19 10:53
I attest to the accuracy and
integrity of this document