2025 Supreme(Online)(P&H) 9573
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent
IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM-M-54892-2025 (O&M) Date of Decision: 24.03.2026 SUKHDEEP KAUR ...Petitioner VERSUS STATE OF PUNJAB AND OTHERS ...Respondents CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Bhagat Singh Ghuman, Advocate for the petitioner.
Mr. Kunwarbir Singh, AAG Punjab.
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SHALINI SINGH NAGPAL, J. (ORAL)
Vide this petition under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023, petitioner seeks following reliefs:
(i) direction to respondents No. 2 to 4 to register FIR on the basis of complaint dated 10.09.2025 submitted by the petitioner against respondent No.
5;
(ii) direction to respondents No. 2 to 4 to transfer the matter to independent agency/police authority outside District Moga or to constitute a Special Investigation Team to ensure free, fair and impartial investigation in the matter;
(iii) to provide adequate protection to the petitioner and her two daughters.
Learned counsel for the petitioner submits that petitioner met respondent No. 5, an officer of the rank of Superintendent of Police, Punjab in connection with a case. Respondent No. 5 misled her and took her to a temple, where he performed marriage ceremony. Later, he purchased a house for her in 2015, which his first wife sold off. Thereafter, respondent No. 5 began to abuse, beat and rape the petitioner, who was a victim of continuous sexual exploitation and two forced abortions. Respondent No. 5 was a corrupt officer and had amassed great wealth from ill gotten money. Official respondents were not registering FIR despite representation dated Annexure P-2 moved on
10.09.2025.
Notice of motion to official respondents only.
Mr. Kunwarbir Singh, AAG Punjab, who is present in the Court, accepts notice on behalf of official respondents and on instructions from Investigating Officer submits that the complaint of the petitioner was received in the office of Senior Superintendent of Police, Moga. Later, it was referred to the Bureau of Investigation as the officer involved was of the rank of Superintendent of Police. Now the matter was pending enquiry, which was being conducted by Inspector General of Police, Faridkot Range. He assures that the enquiry in the complaint would be concluded within three weeks.
There is an abnormal delay of 12 years in filing of the complaint.
The police authorities are conducting an enquiry into the matter. There is nothing on record to suggest that the enquiry is not being conducted fairly. The Court is sanguine that the enquiry officer would conduct the enquiry in free, fair and impartial manner. Since official process on the complaint is underway, the petition is disposed of with a direction to official respondents to conclude the enquiry on representation/complaint dated 10.09.2025(Annexure P-1) filed by the petitioner, within a period of 03 weeks from today by passing a reasoned and speaking order in accordance with law and take necessary action, if so required.
In case respondent No.3 does not find any substance in the allegations levelled in the representation (Annexure P-1), the petitioner shall be informed as per mandate of law.
(SHALINI SINGH NAGPAL)
MARCH 24, 2026 JUDGE
Ajay Goswami