Disposed

Saroj & Ors. v. State of Punjab

Punjab & Haryana HC28 Mar 2014CRM-M/10978/2014

Case brief

AI extract

What is this about?

Petitioner sought quashing of an FIR alleging kidnapping. The court directed the Investigating Officer to record the voluntary statement of the complainant's daughter Pooja within one month before deciding the case, while keeping the petitioners' remedy by anticipatory bail open.

What did the court decide?

Direction to Investigating Officer to record voluntary statement of complainant's daughter Pooja within one month.

Saroj & Ors. Vs State of Punjab — Writ and Judicial Review | Punjab & Haryana HC (2014)

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CRM-M-10978-2014 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-10978-2014 (O&M). Decided on: March 28, 2014.

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Saroj and others

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..... Petitioner(s)

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Versus

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State of Punjab

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..... Respondent(s)

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*** * * CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI PRESENT Mr.Jaswinder Singh, Advocate, for the petitioners.**

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M.M.S. BEDI, J (ORAL).

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Petitioners seek quashing of FIR registered at the instance of Raj Kumar Yadav alleging that his daughter has been kidnapped by the petitioners.

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It is submitted that son of the petitioner Nos.1 & 2 has married the daughter of the complainant who is present in the Court. Petitioner Nos.1 & 2 are the parents of petitioner No.3.

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After hearing the counsel for the petitioners and going through the facts and circumstances of the case, it appears that the Investigating Officer is required to record the statement of daughter of the complainant Pooja given voluntarily during the course of investigation. It is ordered that in case daughter of the complainant makes a statement to the effect that she had not been kidnapped or abducted by petitioner No.3 or any of the petitioners, it will always be open to the Investigating Officer to form an opinion regarding

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Raj Kumar Arora 2014.03.31 14:29 I attest to the accuracy and integrity of this document

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CRM-M-10978-2014 (O&M)

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presentation of cancellation report or challan as warranted by the circumstances.

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Notice of motion to the Advocate General, Punjab.

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On asking of the Court, Mr.C.S.Brar, Addl.A.G., Punjab, present in the Court accepts notice. Copy given.

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This petition is disposed of with a direction that the Investigating Officer will positively record the statement of Pooja daughter of the complainant within a period of one month and take necessary steps in accordance with law. It will be open to the petitioners to avail the remedy under Section 438 Cr.P.C., by moving application.

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(M.M.S. BEDI)

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March 28, 2014. JUDGE rka

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Raj Kumar Arora 2014.03.31 14:29 I attest to the accuracy and integrity of this document

Saroj & Ors. v. State of Punjab

Case brief

What is this about?

What did the court decide?

Saroj & Ors. v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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