HIGH COURT OF PUNJAB AND HARYANA
SHAKUNTLA – Appellant
Versus
STATE OF HARYANA AND OTHERS – Respondent
/9319/2020
CRWP-9319-2020
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(260)
CRWP-9319-2020
Date of decision: - 13.07.2022
Shakuntla
....Petitioner
Versus
State of Haryana and others
.....Respondents
CORAM : HON'BLE MR. JUSTICE VIKAS BAHL
Present:-
None for the petitioner.
Mr. Munish Sharma, AAG, Haryana.
****
VIKAS BAHL, J. (ORAL)
Present Criminal Writ Petition has been filed under Articles
226/227 of the Constitution of India, praying for the issuance of a writ of
mandamus, directing the respondents to ensure safety protection from the
hands of respondents and also with a prayer to register case against the
respondents under the SC&ST Act.
Notice of motion was issued in the present case and the
respondent-State has filed its reply.
Learned State counsel has referred to the said reply, more so
para No.2, which is reproduced as under: -
"2.
That the petitioner has not come with clean hands and
has concealed the real material, true and imminent facts from this
Hon'ble Court. The detailed facts of the case for kind perusal of this
NARESH KUMAR
2022.07.21 13:27
I attest to the accuracy and
authenticity of this document
High Court, Chandigarh
CRWP-9319-2020
-2-
Hon'ble Court are detailed, as under: -
i.
That petitioner is habitual to file the complaints under S.C./S.T.
Act
against
the
innocent
persons/government
officers/employees with the sole motive to blackmail them on
the point of money. The petitioner receives help from the Social
Welfare Department and a detail of complaints filed by her
along with the financial assistance obtained by her under the
S.C./S.T. Act is enclosed with the reply for the kind perusal of
this Hon'ble Court as Annexure R-1. The officials of Social
Welfare Department have also recommended for their separate
report to Initiate the legal action against the petitioner.
ii.
That this Hon'ble Court has passed an order dated 24/09/2008
in CWP No.2705 of 2008 titled as 'Smt. Shakuntla Devi Vs.
State of Haryana and others' being abuse on the process of law
on the point that the petitioner is habitual in making false,
frivolous, baseless and concocted allegations against the
officers of various functionaries. The true typed copy of the
order is enclosed with the reply for the kind perusal of this
Hon'ble Court as Annexure R-2.
iii.
That the complaints Annexure P-4 and P-5 of the petitioner
have already been disposed and decided by the deponent (being
Deputy Superintendent of Police, Head Quarter, Panipat) vide
report dated 06/08/2020 and the same was seen and filed by the
Superintendent of Police, Panipat on dated 17/08/2020. The
true translated copy of the report is enclosed with the reply for
the kind perusal of this Hon'ble Court as Annexure R-3. The
relevant extract of the report for the kind perusal of this
Hon'ble Court is as under:
"During enquiry, it has been ascertained that Parveen
wife of Amrender, Caste Jatt, R/o Village Risalu has filed a
complaint and registered an FIR No.127 dated 27/02/2019, under
Sections 354-A, 506, 34 of Indian Penal Code, at P.S. Quilla,
Panipat and the investigation of which was done by L/HC Sonia,
P.S. Quilla. Further investigation of the case was done by HC
Amrit Lal, P.S. Quilla, Panipat. During the investigation, the
husband of complainant namely Ramesh Kumar was arrested and
confined in lockup and when he was to be produced before the
NARESH KUMAR
2022.07.21 13:27
I attest to the accuracy and
authenticity of this document
High Court, Chandigarh
CRWP-9319-2020
-3-
learned Court on 28/02/2019, he was taken out from the lockup
and while going he requested for afresh in the bathroom to HC
Amrit Lal, where accused Ramesh inflicted self injuries on his
legs with the help of blade in the bathroom and tried to commit
suicide. Thereafter on the statement of HC Amrit Lal an PIR
No.130 dated 28/09/2019, under Section 309 of Indian Penal
Code was registered at P.S. Quilla and produced him in both
these cases before the learned Court. Th