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RAJESH BHARDWAJ
Hardeep Kaur – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Rajesh Bhardwaj, J. - Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.
2. Prayer in this petition filed under Section 482 Cr.P.C. is for issuance of direction to the official respondents to consider and take appropriate action against the private respondents on representation dated 27.12.2021 (Annexure P-3) in a time bound manner.
Notice of motion.
On asking of the Court, Mr. Rakeshinder Singh Sidhu, AAG, Punjab accepts notice on behalf of the respondent-State.
3. Learned counsel for the petitioner states that petitioner has filed representation dated 27.12.2021 (Annexure P-3) before the Commissioner of Police, Ludhiana, Punjab, for the redressal of her claim and no decision thereon has been taken so far.
4. In view of the above, the petition is disposed of with a direction to respondent No.2-Commissioner of Police, Ludhiana, Punjab, to look into the representation (Annexure P-3) and decide the same in accordance with law within one month from the date of receipt of the certified copy of this order.
The court's power under Section 482 Cr.P.C to issue directions for timely redressal of claims.
The main legal point established in the judgment is the court's authority to direct a public official to take action on a representation within a specified timeframe.
Administrative authorities are required to address pending representations promptly, ensuring compliance with relevant government directives.
The availability of an efficacious alternate remedy may preclude the invocation of the writ jurisdiction under Article 226 of the Constitution of India.
Granting limited protection from arrest and allowing custodial interrogation after giving 15 days' notice in the interest of justice and the peculiar facts of the case.
Dismissal of petitions due to lack of response and adherence to guidelines for conducting proceedings through video conferencing during the COVID-19 pandemic
Granting limited protection from arrest and allowing custodial interrogation after giving 15 days' notice in the interest of justice and to avoid unnecessary hardship.
Granting protection from arrest and allowing custodial interrogation with notice if required based on the peculiar facts of the case.
Granting limited protection from arrest to the accused in the interest of justice and to provide an opportunity for explaining their case before the Investigating Authority.
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