Dismissed

Rajinder Kaur v. State of Punjab

Punjab & Haryana HC9 Apr 2013CRM-M/11451/2013

Case brief

AI extract

What is this about?

The High Court dismissed a petition seeking pre-arrest bail in a cheating and forgery case (IPC 420, 406, 120-B). The Court held that the impugned order was correct, the husband is already in custody, and custodial interrogation is required. The petition was dismissed, and the matter was disposed of regarding media representation.

What did the court decide?

The petition for pre-arrest bail is dismissed. The impugned order is not to be sent to the press or reported in the Digest.

Rajinder Kaur Vs State of Punjab — Cheating and Forgery | Punjab & Haryana HC (2013)

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Crl. Misc. No.M-11451 of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc. No. M-11451 of 2013 (O&M) Date of Decision : April 9^th , 2013

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Rajinder Kaur .... Petitioner

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Versus

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State of Punjab .... Respondent

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CORAM : HON'BLE MR. JUSTICE VIJENDER SINGH MALIK

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1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest?

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Present Mr. R.S.Cheema, Senior Advocate, with Mr. Arashdeep Cheema, Advocate, for the petitioner.

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VIJENDER SINGH MALIK, J.

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Rajinder Kaur, the petitioner seeks pre-arrest bail in a case registered by way of FIR No.26 dated 6.3.2013 at Police Station Bassi Pathana, District Fatehgarh Sahib for an offence punishable under sections 406, 420 read with section 120-B of Indian Penal Code.

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Learned senior counsel for the petitioner has contended that there is no proof of money having been paid to the petitioner. According to him, the version that Balkar Singh, the complainant gave Rs.15,00,000/- to the petitioner for sending his two brothers to Canada is improbable. According to him, one boy even went to Qatar, He has

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Crl. Misc. No.M-11451 of 2013

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submitted that the question as to whether the case is true or false would have to be decided at the trial. He has further submitted that the arrest of the petitioner would not serve any purpose. He has added that the arrest in this case would be a mere ritual. According to him, her husband is already in custody. He has further submitted that there is no evidence of the source of money with Balkar Singh. He has further submitted that Balkar Singh had dealings with the petitioner and on account of his annoyance with the petitioner, he has lodged this false case.

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The other countries hold a lot of charm to unemployed youth in Punjab. People sell their everything to get a chance to go overseas and have income which is much more than what they can earn here. If people have money in their accounts, they withdraw the same, but if they do not have any such money and which is predominantly true, money is taken on loan from various persons. Source is not required by the complainant to be proved. At least, it is not the stage where the complainant can be asked to prove the source. The petitioner has claimed herself to be having a valid licence from Ministry of Labour, Government of India for carrying on business of recruitment for deployment of Indian workers to foreign employers. It shows that she is in this business. When the brothers of the complainant could not be sent to Canada and the complainant was told that the person who was to receive his brothers in Canada had an emergency, one of boys was sent to Qatar, but still nothing legal was done. Mere fact that husband of the petitioner is in custody would not help the petitioner in any way. The investigation of the

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Crl. Misc. No.M-11451 of 2013

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case certainly requires custodial interrogation of the petitioner. The petition is, consequently, dismissed.

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(VIJENDER SINGH MALIK) JUDGE

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April 9^th , 2013 som

Rajinder Kaur v. State of Punjab

Case brief

What is this about?

What did the court decide?

Rajinder Kaur v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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