Punjab-Haryana High Court
Jagpreet Kaur vs State Of Punjab And Others on 19 April, 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Sr. No.109 CRWP No.3515 of 2022
Date of Decision: 19.04.2022
Jagpreet Kaur .... Petitioner
Versus
State of Punjab and others ... Respondents
CORAM: HON'BLE MR. JUSTICE SANT PARKASH
Present: Ms. Shivya Sehgal, Advocate for the petitioner.
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SANT PARKASH, J. (ORAL)
The instant petition has been filed under Article 226/227 of the Constitution of India seeking issuance of a writ in the nature of mandamus directing respondents No.2 to 4 to protect the life and liberty of the petitioner as respondents No.5 and 6 at the instance of respondent No.7, are threatening the petitioner that her minor daughter would be kidnapped if she does not withdraw the case bearing FIR No.54 dated 12.03.2021, registered under Sections 451, 323, 427 and 34 IPC at P.S.Khanna, City-II and further to decide the representations dated 03.07.2021 and 05.01.2022 (Annexures P-3 and P-4 respectively) moved by the petitioner.
It is submitted that the petitioner was got married to respondent No.7 on 24.02.2014 and a daughter was born out of the said wedlock. Respondent No.7 and his family used to harass the petitioner by demanding dowry and also used to give her merciless beatings. In the month of July, 2020, mother of the petitioner was critically unwell and therefore, the petitioner along with her minor daughter and husband i.e. respondent No.7, went to her parental home. After dropping the petitioner and the minor daughter, respondent No.7 came back to his house and since then, he did not allow the petitioner to enter into her matrimonial house.
1 of 3 ::: Downloaded on - 20-04-2022 04:02:34 ::: CRWP No.3515 of 2022 -2- On 07.03.2021, respondent No.7 along with his family members forcefully entered into the parental house of the petitioner and gave merciless beatings to the petitioner, as a result thereof, the petitioner received as many as three injuries on her person and therefore, she lodged an FIR bearing No.54 dated 12.03.2021 under Sections 451, 323, 427 and 34 IPC at P.S.Khanna, City-II, Police District Khanna.
The petitioner is being threatened by respondents No.5 and 6 at the instance of respondent No.7 that her minor daughter would be kidnapped in case, she does not withdraw the aforesaid case bearing FIR No.54 dated 12.03.2021 and consequently, the petitioner moved representations dated 03.07.2021 and 05.01.2022 (Annexures P-3 and P-4 respectively) praying for protection of life and liberty and for free and impartial investigation in the case bearing FIR No.54 dated 12.03.2021, but till date, no action has been taken on the same.
Now, the prayer on behalf of the petitioner is that a direction be issued to the official respondents to decide the representations of the petitioner in an expeditious manner.
Notice of motion restricted to official respondents No.1 to 6 only at this stage.
Mr. Tanvir Joshi, Assistant Advocate General, Punjab accepts notice on behalf of respondents No.1 to 6 and has no objection if an appropriate direction be issued for deciding the representations of the petitioner.
2 of 3 ::: Downloaded on - 20-04-2022 04:02:34 ::: CRWP No.3515 of 2022 -3- In view of the above, the instant criminal writ petition is disposed of with a direction to respondent No.4-Senior Superintendent of Police, Khanna, Police District Khanna to decide the representations dated 03.07.2021 and 05.01.2022 (Annexures P-3 and P-4 respectively) within a period of one month from the date of receipt of a copy of this order.
Registry is directed to send a copy of this order along with copy of the petition and above said representation to respondent No. 4-Senior Superintendent of Police, Khanna, Police District Khanna for requisite compliance within the time period granted by this Court.
(SANT PARKASH)
JUDGE
19.04.2022
Maninder
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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