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2024 Supreme(Online)(P&H) 11555

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Order: 23.09.2025 Jaswinder Kaur and others ...Petitioners Versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Ms. Anjali, Advocate, for Mr. Jashandeep Singh, Advocate for the petitioners.

Mr. Kunwarbir Singh, AAG, Punjab Mr. Ashu Rana, Advocate, for Mr. Mitul Singh Rana, Advocate for respondents no.9 to 13.

SHALINI SINGH NAGPAL, JUDGE

1. The petition under Articles 226/227 of the Constitution of India seeks following directions to official respondents:- (i) To protect life and liberty of the petitioners;

(ii) To direct official respondents to take appropriate legal action against respondents no.4 to 15 on the basis of allegations made in representations, Annexures P-2 and P-3).

2. Learned counsel for the petitioners submits that on 17.01.2024, FIR No.4 was registered against the respondents under Section 452, 354, 323, 324, 506, 427 read with Section 34 IPC, Police Station Gardiwala, Hoshiarpur. In retaliation thereof, respondents lodged a false and frivolous DDR No.30, on 01.02.2024 as a counter blast. Later another DDR No.51, was registered on 07.03.2024, adding Section 308 IPC against the petitioners. The police was continuously threatening and harassing the petitioners while respondent no.4 was pressurizing the petitioners to resolve the matter and compromise the case. In this regard, representation Annexure P-2 was moved to the Senior Superintendent of Police, Hoshiarpur, but no action was taken. Necessary directions are sought to respondents no.1 to 3, for protection of life and liberty of the petitioners and for taking appropriate legal action on the representation.

3. Reply by way of affidavit of Deputy Superintendent of Police has been filed by the State. Respondents no.10, 12 and 13 have also filed reply to the petition.

4. As per reply of State, FIR No.4, dated 17.01.2024 was registered in Police Station Garhdiwala, District Hoshiarpur against respondents no.14 and 15 on statement of petitioner no.2. During investigation of the case, offences under Section 452, 354 and 427 IPC were deleted. On statement of respondent no.14-Reman Yuvraj Singh a cross case under Sections 323, 325 and 427 read with Section 34 IPC was registered against petitioner no.2 and others vide DDR NO.30, dated 01.02.2024. Investigation in both the cases has been completed and final reports in both cases had been submitted.

5. The reply further reflects that application Annexure P-2 of the petitioner was marked for inquiry to DSP, Head Quarter, Hoshiarpur. After considering the facts narrated in the representation, on an enquiry, the allegations levelled against the police officials were found false. The Police has verified that there is no danger to the life and liberty of the petitioners. Accordingly, on recommendation of the DSP, Head Quarter, Hoshiarpur, the application has been filed and inquiry report was sent to Senior Superintendent of Police, Hoshiarpur, who too has filed the application on

23.04.2024.

6. Since, the final reports of investigation in FIR No.4, dated 17.01.2024, under Section 452, 354, 323, 324, 506, 427 read with Section 34 IPC, Police Station Gardiwala and cross DDR No.30, dated 01.02.2024, under Sections 323, 325, 427 and 34 IPC have been put in Court and representation Annexure P-2 of the petitioners has also been taken to its logical end, nothing survives in the petition. Since, no threat to the life and liberty of the petitioner is perceived, the petition is to be dismissed.

7. Ordered accordingly.

8. All the miscellaneous applications, if any, stand disposed of.

23.09.2025 (SHALINI SINGH NAGPAL)

nt JUDGE

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