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2025 DAILYLAW 129098 (PNJ)

LAKHWINDER KAUR v. STATE OF PUNJAB

CRM-M/56070/2025 · 2025-11-17

Rupinderjit Chahal

body2025

Judgment text

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CRM-M-56070 IN THE HIGH COURT OF PUNJAB & HARYANA 215 LAKHWINDER KAUR STATE OF PUNJAB CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. K. S. Kahlon, Mr. Amit Shukla, DAG, Punjab. RUPINDERJIT CHAHAL, J. (ORAL) 1. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks anticipatory bail in case Sections 115(2), 118(1) and 3(5) of the Bha [Section 118(2) of the BNS, 2023 added later on vide Rapt No.46 dated 13.08.2025], at Police Station Fatehgarh Churrian, District Batala 2. On 30.10.2025, following order had been passed: “ 29.09.2025 and order dated 09.10.2025 as Annexures P5 and P6, respectively and also for exemption to file certified/typed copies thereof. Application is allowed, as prayed for, subject to all just exceptions. the BNSS, 2023 is for grant of anticipatory bail to the petitioner 56070-2025 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: 17.11.2025 LAKHWINDER KAUR Versus STATE OF PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. K. S. Kahlon, Advocate for the petitioner. Mr. Amit Shukla, DAG, Punjab. ***** RUPINDERJIT CHAHAL, J. (ORAL) Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks anticipatory bail in case FIR No.105 dated 10.08.2025 registered under Sections 115(2), 118(1) and 3(5) of the Bha [Section 118(2) of the BNS, 2023 added later on vide Rapt No.46 dated 13.08.2025], at Police Station Fatehgarh Churrian, District Batala On 30.10.2025, following order had been passed: “CRM-41827-2025 This is an application for placing on record DDR 29 dated 29.09.2025 and order dated 09.10.2025 as Annexures P5 and P6, respectively and also for exemption to file certified/typed copies thereof. Application is allowed, as prayed for, subject to all just exceptions. CRM-M-56070-2025 Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-56070-2025 Date of decision: 17.11.2025 ….Petitioner ....Respondent HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Advocate for the petitioner. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner FIR No.105 dated 10.08.2025 registered under Sections 115(2), 118(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 [Section 118(2) of the BNS, 2023 added later on vide Rapt No.46 dated 13.08.2025], at Police Station Fatehgarh Churrian, District Batala. On 30.10.2025, following order had been passed: - on for placing on record DDR 29 dated 29.09.2025 and order dated 09.10.2025 as Annexures P5 and P6, respectively and also for exemption to file certified/typed copies thereof. Application is allowed, as prayed for, subject to Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner - ….Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner FIR No.105 dated 10.08.2025 registered under ratiya Nyaya Sanhita, 2023 [Section 118(2) of the BNS, 2023 added later on vide Rapt No.46 dated on for placing on record DDR 29 dated 29.09.2025 and order dated 09.10.2025 as Annexures P5 and P6, respectively and also for exemption to file certified/typed copies thereof. Application is allowed, as prayed for, subject to Prayer in the present petition filed under Section 482 of GURPREET 2025.11.21 18:58 I attest to the accuracy and authenticity of this document. CRM-M-56070 in case FIR No.105 dated 10.08.2025 registered under Sections 115(2), 118(1) and 3(5) of the Bharatiya Nyaya Sanhita, [Section 118(2) of the BNS, 2023 added later on vide Rapt No.46 dated 13.08.2025], at Police Station Fatehgarh Churrian, District Batala. petitioner along with co Hence the present FIR was registered. petitioners have been falsely implicated in the present case. It is submitted that petitioner is a 67 year’s old lady. The dispute between the petitione nature, arising out of a land dispute, which subsequently escalated into a quarrel. That the FIR was registered after a delay of 17 days from the date of the alleged incident, which casts serious doubt upon pro is a counter blast case as both the parties have sustained injuries in the said incident rather the complainant was himself the aggressor. No recovery is to be effected from the petitioner. Learned counselhas further s and willing to join the investigation as and when called upon to do so by the investigating agency. accepts notice on behalf of respondent file status report in the matter. investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, she shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner 56070-2025 in case FIR No.105 dated 10.08.2025 registered under Sections 115(2), 118(1) and 3(5) of the Bharatiya Nyaya Sanhita, [Section 118(2) of the BNS, 2023 added later on vide Rapt No.46 dated 13.08.2025], at Police Station Fatehgarh Churrian, District Batala. Brief facts, as per the case of the prosecution, are that the petitioner along with co-accused gave beatings to c Hence the present FIR was registered. Learned counsel for the petitioners contends that the petitioners have been falsely implicated in the present case. It is submitted that petitioner is a 67 year’s old lady. The dispute between the petitioner and the complainant is essentially civil in nature, arising out of a land dispute, which subsequently escalated into a quarrel. That the FIR was registered after a delay of 17 days from the date of the alleged incident, which casts serious doubt upon prosecution story. That the present case is a counter blast case as both the parties have sustained injuries in the said incident rather the complainant was himself the aggressor. No recovery is to be effected from the petitioner. Learned counselhas further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. Notice of motion. On asking of the Court, Mr.Ravinder Singh, DAG, Punjab, accepts notice on behalf of respondent file status report in the matter. Adjourned to 17.11.2025. In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, she shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner -2- in case FIR No.105 dated 10.08.2025 registered under Sections 115(2), 118(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 [Section 118(2) of the BNS, 2023 added later on vide Rapt No.46 dated 13.08.2025], at Police Station Fatehgarh Churrian, Brief facts, as per the case of the prosecution, are that the accused gave beatings to complainant. Hence the present FIR was registered. Learned counsel for the petitioners contends that the petitioners have been falsely implicated in the present case. It is submitted that petitioner is a 67 year’s old lady. The dispute r and the complainant is essentially civil in nature, arising out of a land dispute, which subsequently escalated into a quarrel. That the FIR was registered after a delay of 17 days from the date of the alleged incident, which secution story. That the present case is a counter blast case as both the parties have sustained injuries in the said incident rather the complainant was himself the aggressor. No recovery is to be effected from the petitioner. ubmitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. On asking of the Court, Mr.Ravinder Singh, DAG, Punjab, accepts notice on behalf of respondent-State and seeks time to In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, she shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner - in case FIR No.105 dated 10.08.2025 registered under Sections 2023 [Section 118(2) of the BNS, 2023 added later on vide Rapt No.46 dated 13.08.2025], at Police Station Fatehgarh Churrian, Brief facts, as per the case of the prosecution, are that the omplainant. Learned counsel for the petitioners contends that the petitioners have been falsely implicated in the present case. It is submitted that petitioner is a 67 year’s old lady. The dispute r and the complainant is essentially civil in nature, arising out of a land dispute, which subsequently escalated into a quarrel. That the FIR was registered after a delay of 17 days from the date of the alleged incident, which secution story. That the present case is a counter blast case as both the parties have sustained injuries in the said incident rather the complainant was himself the aggressor. No recovery is to be effected from the petitioner. ubmitted that the petitioner is ready and willing to join the investigation as and when called upon to On asking of the Court, Mr.Ravinder Singh, DAG, Punjab, and seeks time to In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, she shall be admitted to interim bail on furnishing of bail/surety bonds to the GURPREET 2025.11.21 18:58 I attest to the accuracy and authenticity of this document. CRM-M-56070 shall also abide by the conditions as envisaged under Se 482(2) of BNSS, 2023.” 3. Learned counsel for the petitioner submits that in compliance of the order dated 30.10.2025 passed by this Court, the petitioner has joined the investigation. 4. Learned counsel for the State, on instructions from ASI Harvinder Singh, has submitted that the petitioner has joined the investigation and is no longer required for further investigation. 5. In view of the statement made by learned State counsel, the interim order dated 30.10.2025 is made absolute. The petiti to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. 17.11.2025 Gurpreet 56070-2025 shall also abide by the conditions as envisaged under Se 482(2) of BNSS, 2023.” Learned counsel for the petitioner submits that in compliance of the order dated 30.10.2025 passed by this Court, the petitioner has joined the investigation. Learned counsel for the State, on instructions from ASI arvinder Singh, has submitted that the petitioner has joined the investigation and is no longer required for further investigation. In view of the statement made by learned State counsel, the interim order dated 30.10.2025 is made absolute. The petiti to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No -3- shall also abide by the conditions as envisaged under Section Learned counsel for the petitioner submits that in compliance of the order dated 30.10.2025 passed by this Court, the petitioner has joined the Learned counsel for the State, on instructions from ASI arvinder Singh, has submitted that the petitioner has joined the investigation and is no longer required for further investigation. In view of the statement made by learned State counsel, the interim order dated 30.10.2025 is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. (RUPINDERJIT CHAHAL) JUDGE speaking/reasoned? Yes/No - ction Learned counsel for the petitioner submits that in compliance of the order dated 30.10.2025 passed by this Court, the petitioner has joined the Learned counsel for the State, on instructions from ASI arvinder Singh, has submitted that the petitioner has joined the investigation In view of the statement made by learned State counsel, the oner shall continue to join investigation, as and when called by the Investigating Officer and shall (RUPINDERJIT CHAHAL) GURPREET 2025.11.21 18:58 I attest to the accuracy and authenticity of this document.