The petitioner filed a petition under Section 482 CrPC seeking police protection and direction to proceed with her own FIR. The State replied that the FIR was a counterblast to genuine complaints, no occurrence happened, and the accused were found innocent. Finding no threat to the petitioner, the Court dismissed the petition.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl.M.No. M-20730/2010(O&M) Date of decision: 26.8.2010.
Kulwant Kaur
....................Petitioner
v.
State of Punjab and others
.....................Respondents
Coram: Hon'ble Mr.Justice Jaswant Singh
Present: Mr.SP Chahar,Advocate for the petitioner.
Jaswant Singh.J.(Oral)
Petitioner-Kulwant Kaur has filed the present petition under Section 482 Cr.PC for directing the police authorities to protect the life and liberty of the petitioner and her family members at the hands of private respondents 4 to 9, with a further prayer to direct the concerned police authorities to proceed further in case FIR No.112 dated 2.12.2009 lodged at her instance.
As per allegations made by the petitioner in the aforementioned FIR, respondents 4 to 9 accompanied by 15-20 persons armed with dangs and sticks entered her house by scaling the walls and attacked her and her daughters. It is alleged that the accused persons dragged them and gave beatings.
On the last date of hearing, learned State counsel was directed to apprise the Court about the status of the investigation carried out so
far in the aforesaid FIR.
Today at the time of hearing, Mr.Gaurav Garg Dhuriwala,AAG Punjab, has filed reply by way of affidavit of Dilbagh Singh, PPS DSP(Headquarter)Gurdaspur. The same is taken on record.
As per averments made in the reply after registration of the FIR No.212 dated 2.12.2009 under Sections 452,506,148,149 IPC, PS Sadar,Gurdaspur, at the instance of the petitioner, the matter was investigated and during investigations it was revealed that no such occurrence ever took place and accordingly cancellation report has been prepared and sent to higher authorities for approval. It is further submitted that in fact the petitioner lodged the aforesaid FIR No.212 dated 2.12.2009 as a counter blast to FIR No.204 under Sections 324,323,148,149 IPC, lodged by Lakhbir Singh (father of Sikandar Singh-respondent no.4 herein) against Satnam Singh-husband of the petitioner. It is also stated in the reply that neither there is any threat to the petitioner/her family nor she has ever approached the police for grant of protection rather she always insists upon to arrest the private respondents, who have been found innocent by the police, as no occurrence, as alleged by the petitioner ever took place.
In view of the reply filed by respondent State, no further action is called for in the instant petition.
Dismissed.
(Jaswant Singh) Judge
26.8.2010 joshi
2 issues framed by the court
Whether the High Court should intervene under Section 482 CrPC to direct police protection for the petitioner alleged to be threatened by private respondents.
Whether an FIR lodged by the petitioner as a counter-blast against genuine allegations validates a petition for protection order.
1 provisions across 1 enactments
Kulwant Kaur
State of Punjab
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
