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2008 Supreme(SC) 497

ARIJIT PASAYAT, P.SATHASIVAM
Mohinder Kaur – Appellant
Versus
State of Punjab – Respondent


judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the order passed by a learned Single Judge of the Punjab and Haryana High Court dismissing the petition filed in terms of Section 438 of the Code of Criminal Procedure, 1973 (in short the ‘Cr.P.C.’).

3.The appellant had sought for protection in terms of aforesaid provision in FIR No. 105 dated 15.8.2007 registered at the Police Station Bhogpur, District Jalandhar. The complainant had alleged that she was married to Ranjit Singh, son of the appellant on 23.10.2002. The said Ranjeet Singh went abroad in February, 2002 and came back after about one year. Alleging that the complainant was harassing her for brining insufficient dowry, the complaint was lodged in the police station. The appellant filed a petition under Section 438 Cr.P.C. for protection. The High Court observed that ordinarily in such cases the court is inclined to grant protection against arrest to family members of husband of the complainant, however the facts of the present case were different. It was stated that the appellant herself was a retired police officer who was serving as an inspector of Punjab police. Her son was residing abroad









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