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2025 Supreme(Online)(P&H) 27995

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 Decision:- 08.04.2026 POOJA BHATIA ....Petitioner Vs.

STATE OF PUNJAB AND OTHERS ...Respondents CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr.G.S. Bhinder and Ms. Sheena Khanna, Advocates for the petitioner.

Ms. Amrit Kaur Mahir, AAG, Punjab.

*****

AMARJOT BHATTI, J.

1. Petitioner Pooja Bhatia has filed instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking directions to respondent Nos.2 and 3 to register FIR against respondent Nos.4 and 5 and to protect her life and liberty from the hands of private respondents or any other relief which the Court may deem fit in the given facts and circumstances of the case.

2. Application filed by the petitioner is supported by her affidavit. She has annexed the complaint addressed to Senior Superintendent of Police, SBS Nagar (Annexure P-1). It is pointed out that no action was taken and finally present petition has been filed.

3. Status report filed. It is pointed out that matter was thoroughly eqnuired. Complaint was marked to Deputy Superintendent of Police, Sub Division, Nawanshahr by Senior Superintendent of Police, SBS Nagar. Medical record of Civil Hospital, Nawanshahr is Annexure R-1. There were three injuries out of which two injuries were declared simple whereas injury No.1 was kept for opinion of Gynecologist. DDR No.34 dated 09.03.2025 was recorded at Police Station City Nawanshahr (Annexure R-2/T. Statement of Pooja Bhatia was recorded (Annexure R3/T) and the inquiry report is Annexure R4/T. After obtaining the report of Gynecologist (Annexure R-5/T), proceedings were initiated under Sections 126/169 Bharatiya Nagarik Suraksha Sanhita, 2023. Kalandra is Annexure R6/T. She filed another complaint but the matter was compromised and the inquiry report was accordingly prepared and the complaint was consigned on

27.08.2025. Aforesaid documents are Annexure R7/T to R9/T.

4. In view of this petition filed by the petitioner is devoid of merits and the same deserves dismissal.

5. I have considered the aforesaid factual position. Petitioner had given representation Annexure P-1 for taking action against private respondent Nos.4 and 5. As per status report placed on record after proper inquiry, it is concluded that since offence was under Section 115 (2) Bharatiya Nyaya Sanhita, 2023, therefore, only kalandra was presented under the provisions of Section 126/169 of Bharatiya Nyaya Sanhita, 2023.

6. In light of aforesaid factual position, no further direction is required with regards to the action being taken on the complaint (Annexure P-1). In case petitioner is still having any grievance she can seek appropriate legal remedy as per law. Furthermore, in case petitioner has any threat to her life and liberty from the hands of private respondent No.4 she can approach the official respondent Nos.2 and 3 with her grievance who will take appropriate steps required in the given facts and circumstances of the case.

7. With this direction, petition stands disposed off.

8. Pending miscellaneous application(s), if any, stand disposed of accordingly as well.

(AMARJOT BHATTI)

JUDGE

08.04.2026 snd

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