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133

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH

CRM-M No.17279 of 2026

Date of decision: 14.05.2026

Nirmal Singh

…Petitioner

Versus

State of Punjab and others

…Respondents

CORAM: HON’BLE MS. JUSTICE MANDEEP PANNU

Present :- Mr. Gagandeep Singh Virk, Advocate

for the petitioner.

*****

MANDEEP PANNU, J. (Oral)

1. The present criminal miscellaneous petition has been filed

under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023

(corresponding Section 482 Cr.P.C.) for setting aside the order dated

10.03.2026 passed by learned Judicial Magistrate First Class, Ludhiana in

case bearing CHI-2480/2023, whereby the application moved by the

petitioner for adding offences under Sections 465, 467, 468 and 471 IPC

[corresponding Sections 336(2), 338, 336(3) and 340(2) of the BNS] in FIR

No.26 dated 23.03.2023, registered under Sections 177, 420 and 120-B IPC

[corresponding Sections 212, 318(4) and 61(2) of the BNS] at Police

Station Jodhan, District Ludhiana Rural, came to be dismissed.

2. Briefly stated, the present FIR was registered on the basis of

an application moved by complainant Nirmal Singh alleging that the

marriage of his son, Gursewakpal Singh, was solemnized with accused

NEETU RANI

2026.05.14 16:15

I attest to the accuracy and

authenticity of this order/judgment

PHHC, CHD

CRM-M No.17279 of 2026 -2-

Lakhvir Kaur on 18.08.2019 according to Sikh rites and ceremonies. It was

alleged that after marriage, the complainant party bore the expenses for

sending Lakhvir Kaur to Canada for higher studies and also paid her

educational expenses. However, after reaching Canada, she allegedly

stopped maintaining relations with her husband and his family and failed to

take steps for sponsoring her husband despite assurance and compromise

between the parties. The allegations are that accused Lakhvi Kaur, in

connivance with her father Suba Singh and other accused persons, obtained

a Police Clearance Certificate (PCC) by falsely declaring herself to be

unmarried, despite the subsistence of her marriage with Gursewakpal

Singh. It was alleged that the said PCC was procured with the intention to

obtain Permanent Residency (P.R.) in Canada independently, without

disclosing her husband as spouse in official documents. The prosecution

case further is that the witnesses, namely Bakhshish Singh and Jagdev

Singh, knowingly verified and attested the police verification proceedings

despite being aware of her marital status, thereby facilitating procurement

of the PCC on the basis of false information. Consequently, FIR No.26

dated 23.03.2023 came to be registered at Police Station Jodhan, District

Ludhiana Rural, under Sections 177, 420 and 120-B IPC.

3. It was averred in the application moved by the present

petitioner/complainant under Section 216 Cr.P.C. that though the police had

presented challan only under Sections 177, 420 and 120-B IPC, however,

from the material collected during investigation, offences under Sections

465, 467, 468 and 471 IPC were also clearly made out against the accused

NEETU RANI

2026.05.14 16:15

I attest to the accuracy and

authenticity of this order/judgment

PHHC, CHD

CRM-M No.17279 of 2026 -3-

persons. It was alleged that accused Lakhvir Kaur, despite her marriage

having been solemnized with Gursewakpal Singh on 18.08.2019 and duly

registered on 28.08.2019, procured a Police Clearance Certificate by falsely

representing herself to be unmarried. It was further alleged that accused

Suba Singh as well as witnesses Bakhshish Singh and Jagdev Singh

intentionally furnished false statements before the police authorities and

executed false verification documents in connivance with each other for

facilitating issuance of the said PCC. The petitioner further alleged that

after marriage, accused Lakhvir Kaur had obtained a new Aadhaar Card

reflecting her matrimonial address as wife of Gursewakpal Singh at

Rajguru Nagar, Ludhiana, however, while applying for passport and PCC,

the accused persons intentionally relied upon the old Aadhaar address

showing her as daughte