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2018 Supreme(P&H) 2855

RAJBIR SEHRAWAT
Kulwant Kaur – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:Mr. Narinder S. Dadwal, Advocate, for the petitioner.
Mr. K.S.Aulakh, DAG, Punjab for respondent Nos.1 & 2 -State.
Mr. Dushyant Sarvesh, Advocate for Mr. K.S.Sidhu, Senior Advocate for respondent No.3.

JUDGMENT

Mr. Rajbir Sehrawat, J. (Oral) - This is a petition seeking quashing of the order dated 14.10.2014 (Annexure P-10) passed by the Learned Judicial Magistrate 1st Class, Jagraon, whereby the application for discharge of the petitioner in a complaint filed under Section 182 of the Indian Penal Code (for short ‘Act’) was dismissed, despite the fact that the complaint filed before the Magistrate was time barred and the cognizance of the same could not have been taken by the trial Court.

2. The brief facts in the present case are that the husband of the petitioner died on 16.01.2003. Sensing foul play in the death of the husband of the petitioner, she expressed her suspicion that her husband might have been murdered. Therefore, an intimation was sent to the police. It was stated by the petitioner in the complaint that the petitioner was residing at a different place and the husband of the petitioner was cremated even without intimating the petitioner and the last rites of her husband were also performed in the absence of the petitioner. The police did not register the FIR in the case.

3. However, the police did not register the case saying that they have conducted an inquiry and






















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