Dismissed

Rana v. State of Punjab and Others

Punjab & Haryana HC10 May 2024CRM-M/13241/2024

Case brief

AI extract

What is this about?

Complainant sought directions for action against accused persons in a rape FIR after witnesses, including himself, turned hostile and one accused was acquitted. Police reply showed non-bailable warrants repeatedly issued against the remaining accused. The High Court dismissed the petition as a gross misuse of process with costs.

What did the court decide?

Petition dismissed; petitioner to deposit Rs.5,000 costs with District Legal Services Authority, Hoshiarpur within two weeks and submit receipt to trial court.

Rana Vs State of Punjab and Others — Quashing and FIR | Punjab & Haryana HC (2024)

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Page 1 of 4

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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108 CRM-M-13241-2024(O&M)

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Date of order: 10.05.2024

Rana

…..Petitioner(s)

Vs.

State of Punjab & Others

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…..Respondent(s)

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CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

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Present:Mr. Manoj R. Sharma, Ad v ocate for the petitioner.

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Mr. Kunwarbir Singh, AA G Punjab.

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***** Nidhi Gupta, J.

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The only submission ma d e on behalf of the Ld. Counsel for the Peti t ioner is that the prayer in t h e present petition filed unde r Section 482 Cr.P.C. by the complainant i s for issuance of directions t o respondents No.2 and 3 to take appro p riate legal action against th e accused per s ons namely Imam Hussain, Sh a rif Ali, Bhau, Bashir, Barkat Al i and Gulam Nabi as mentioned in rep r esentation dated 27.03.202 4 (Annexure P 1 ).

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2. Learned State Counsel has filed short reply date d 10.05.2024, by way of affidavit of Amar Nath PPS, Deputy Superintenden t of Police, S u b-Division City, District Hoshia r pur, which is taken on record . Advance co p y of the same is supplied to counsel opposite.

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3. A perusal of the abov e said short reply shows tha t initially on t he basis of statement of th e petitioner, FIR No.173 date d

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SUNENA 2024.05.14 10:11 I attest to the accuracy and authenticity of this document

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Page 2 of 4

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16.07.2020 w as registered under Section s 363 and 366-A IPC at Polic e Station Mo d el Town, Hoshiarpur against o ne Sadiq Ali, Mamm Husaain , Shreef, Gul a m and unknown person. S u bsequently, on the basis o f statement o f the victim made under Sectio n 164 Cr.P.C. dated 26.04.2022 , offence und e r Section 376-D IPC was also a d ded to the above said FIR vid e DDR No.22 d ated 17.05.2022. Challan was f iled in the matter and accused Sadiq Ali faced trial, in which th e prosecutrix/PW1 and th e petitioner/c o mplainant/PW13 along with other prosecution witnesses , turned hostile. As such, the said accused Sadiq Ali was acquitted in th e present cas e by the learned Additional S e ssions Judge, Hoshiarpur vid e judgment d a ted 10.04.2023. It is inform e d that in view of the abov e proceedings under Section 182 Cr.P.C. ha v e been initiated and Calandra under Secti o n 182 Cr.P.C. has been presented against the said prosecutio n witnesses in c luding the petitioner.

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4. As regards the other co- a ccused of Sadiq Ali, it has bee n

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stated as follows in the aforesaid short repl y :-

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“7. That it is submitted that t he police of P.S. Model Town, Hoshiarpur submitted an appl i cation before the court of Ld. Area Magistrate at Hoshiarpu r for issuance of warrant arres t of accused Imam Hussain, Sharif Ali, Bhau, Bashir, Barkat Al i and Gulam Nabi on 19.12.2022. On this, non-bailable warrant s were issued against accused I m am Hussain, Sharif Ali, Bhau, Bashir, Barkat Ali and Gulam N abi for non-bailable warrant s f or 19.12.2022. Thereafter, t he non-bailable warrants o f aforesaid accused were receiv e d back unexecuted and as suc h f resh non-bailable warrants w e re issued against the aforesai d

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SUNENA 2024.05.14 10:11 I attest to the accuracy and authenticity of this document

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Page 3 of 4

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accused for 12.04.2023. Then t he non-bailable warrants wer e received back unexecuted o n 12.04.2023 and fresh non - bailable warrants were issued against the aforesaid accuse d f or 29.05.2023. Similarly non-b a ilable warrants issued by cour t of Ld. Area Magistrate at Hoshiarpur on 28.08.2023, 07.10.2023, 22.11.2023, 01. 0 2.2024 were received bac k unexecuted. Now on 19.04.202 4 , the court of Ms. Sarabjit Kau r Ld. JMIC, Hoshiarpur receive d back non-bailable warrant s issued against accused Imam H ussain, Sharif Ali, Bhau, Bashir, Barkat Ali and Gulam Nabi a nd as such fresh non-bailabl e warrants were issued by the c ourt of Ms. Sarabjit Kaur Ld. J MIC, Hoshiarpur against acc u sed Imam Hussain, Sharif Ali, Bhau, Bashir, Barkat Ali and Gu l am Nabi for 05.07.2024”.

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Learned State Counsel on instructions has furthe r informed th a t officials of Police Station Mo d el Town, Hoshiarpur are doin g their best e f forts to arrest the accused in t he present case; and they ar e conducting raids upon the houses of the other accused.

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It is not denied by learne d counsel for the petitioner tha t the petition e r along with the prosecutrix a n d other prosecution witnesse s had turned h ostile against Sadiq Ali accuse d in the present case, as a resul t of which th e said Sadiq Ali was acquitted. In view of this admitted fact , there is no g round made out to entertain t he present petition, which is a gross misus e of the due process of law . It has become a habit wit h undesirable l itigants to implicate persons for personal vengeance, and the n resile from their previous statements. Serious allegations of commission o f an offence u nder section 376 –D IPC have been made in the present FIR .

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SUNENA 2024.05.14 10:11 I attest to the accuracy and authenticity of this document

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Page 4 of 4

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The law and the legal processes cannot be taken so lightly as to blow ho t and cold fro m moment to moment.

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It is about time that f rivolous litigants such as th e present peti t ioner are made to realise that j ust because there is no cost t o litigation, th e valuable time and resource of this Court cannot be wasted o n petitions su c h as the present one, whilst t a ken away from matters, mor e serious. Acc o rdingly, this petition is dismissed with costs of Rs.5,000/- to b e deposited by the petitioner with the Di s trict Legal Services Authority , Hoshiarpur, within two weeks from today, and the petitioner shall submi t the receipt qua deposit of aforesaid costs with the learned trial Cour t concerned b efore whom the proceedings u nder Section 182 Cr.P.C. wer e initiated against the petitioner, are pendin g adjudication, failing which th e learned trial Court concerned shall initiate a ppropriate proceedings agains t the petition e r, in accordance with law, under intimation to this Court.

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The Registry is directed t o send a copy of this order t o

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the concern e d learned trial Court for necessary compliance.

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Pending application(s) if a ny also stand(s) disposed of.

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10.05.2024 (Nidhi Gupta) Sunena Judge Whether speaking/reasoned Yes/No Whether reportable Yes/No

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SUNENA 2024.05.14 10:11 I attest to the accuracy and authenticity of this document

Rana v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Rana v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

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