IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Order: 01.09.2025 Monica Sharma ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Vipul Babuta, Advocate for the petitioner.

Mr. Hardeep Singh Wadhwa, DAG, Punjab.

SHALINI SINGH NAGPAL, JUDGE

1. The petition under Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023, seeks the following reliefs:-

(i) Direction to official respondents no.3 to 6 to conduct free, fair and impartial investigation in FIR No.0165, dated 25.11.2024, under Section 115(2), 127, 351, 191(3), 190, 117(2), 324(4) BNS Act, 2023, Police Station Haibowal, District Police Commissionerate, Ludhiana and DDR No.015, dated 15.01.2025, under Section 74, 115(2), 126(2), 351(2), 191(3), 190 BNS Act, 2023, Police Station Haibowal, Ludhiana;

(ii) Direction to respondent no.4 to conduct investigation of FIR No.0165, dated 25.11.2024, under Section 115(2), 127, 351, 191(3), 190, 117(2), 324(4) BNS Act, 2023,Police Station Haibowal, and DDR No.015, dated 15.01.2025, under Section 74, 115(2), 126(2), 351(2), 191(3), 190 BNS Act, 2023, Police Station Haibowal, Ludhiana, himself as already directed by responent no.3- Commissioner of Police, Ludhiana and not to further sub-

delegate the same to respondents no.5 and 6;

(iii) Direction to respondent no.4 to add other offences made out as per the facts, statements and representation of the petitioner and her family members in DDR No.015, dated 15.01.2025, under Section 74, 115(2), 126(2), 351(2), 191(3), 190 BNS Act, 2023, Police Station Haibowal, Ludhiana;

(iv) Call status report of FIR No.0165, dated 25.11.2024, under Section 115(2), 127, 351, 191(3), 190, 117(2), 324(4) BNS Act, 2023, Police Station Haibowal, District Police Commissionerate, Ludhiana and DDR No.015, dated 15.01.2025, under Section 74, 115(2), 126(2), 351(2), 191(3), 190 BNS Act, 2023, Police Station Haibowal, Ludhiana.

2. Learned counsel for the petitioner submitted that on 06.11.2024, at about 4/4:30 pm, respondent no.7, neighbour of the petitioner abused and criminally intimidated her over a minor incident. The same day, at about 10/10:30pm, respondent no.7-Rekha along with 8-10 relatives arrived with intent to kill the petitioner and her other family members. Daughter of respondent no.7 spit on the petitioner and abused her. Respondents hit petitioner with brick bats and caused injury to her husband. When her husband, daughter and son intervened to separate her, Karan, respondent no.9, caught hold of petitioner's daughter, dragged her by her hair, gave punch blows on her chest and touched her private parts with bad intention. Private respondents also snatched petitioner's ear-rings, her son's gold chain and mobile.

3. He further submitted that with regard to the said incident, false FIR No. 0165, dated 25.11.2024, under Section 115(2), 127, 351, 191(3), 190, 117(2), 324(4) BNS Act, 2023, Police Station Haibowal, District Police Commissionerate, Ludhiana, was registered at the instance of private respondents. Cross DDR No. 015, dated 15.01.2025, under Section 74, 115(2), 126(2), 351(2), 191(3), 190 BNS Act, 2023, Police Station Haibowal, Ludhiana, was registered against the private respondents.

4. He urged that petitioner had been falsely implicated in the FIR, though, she was innocent. When petitioner's husband reached Civil Hospital for medical treatment, he was again attacked by private respondents in which regard a complaint was moved to Incharge PP Civil Hospital, Ludhiana. Another application was moved for conducting fair enquiry of the FIR which was marked to Police Station Haibowal, Ludhiana, but the Investigating Officer was not taking any action under pressure of private respondents and petitioner had no hope of getting justice. In this regard, representation Annexure P-7 was also moved, but to no avail. He, thus, prayed that the enquiry be marked to any senior officer and reliefs as prayed be granted.

5. Learned State co