Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.3926 of 2025
Decided on: 31st July, 2026 ------------------------------------------------------------------------------------- Barinda and another
…..Petitioners
Versus
State of H.P. and others
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Navneet Kumar Bhalla, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Ms. Menka Raj Chauhan, Deputy Advocate General, for respondents No.1 to 3. None for respondents No.4 to 6. Mr. Sanjeev K. Suri, Ms. Kalaunta Devi and Ms. Anamika Negi, Advocates, for respondent No.7. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
This writ petition has been filed for the grant of substantive reliefs:-
“a) Please, the enquiry/investigation be transferred to competent Authority in Himachal Pradesh; b) Please, the complaint be quashed as same do not disclose any cognizable offence under Criminal law; c) Please, the Notices (Parwana itlahyabi) dated 27.02.2025 and 01.03.2025 and 14/3/2025 Annexure- B (Colly.) may kindly be quashed being without any jurisdiction.”
1 Whether reporters of print and electronic media may be allowed to see the order? Yes. 2
2. Petitioners’ main contention in the writ petition was that the inquiry/investigation is required to be conducted in the State of Himachal Pradesh and not in the State of Punjab, where it was being conducted. 3. An interim order was passed in this writ petition on 20.03.2025, directing that ‘till further orders, no enquiry shall be conducted on the basis of the complaints that have been filed by the private respondents against the petitioners as well as no coercive action shall be taken on the basis of the same against the petitioners’. 4. Respondent No.4, i.e. the Director General of Punjab Police, respondent No.5-Commissioner of Police, Amritsar City, District Amritsar (Urban), Punjab and respondent No.6-the Chief Officer, Police Station Ranjit Avenue, Amritsar, Punjab have filed a joint reply, pleading therein that respondent No.7-the complainant lives at District Amritsar, Punjab. The place of occurrence mentioned in the complaint falls in District Solan, Himachal Pradesh, therefore, the complainant-respondent No.7 has been directed to pursue her matter with the Senior Superintendent of Police, Solan, Himachal Pradesh; An inquiry report was submitted in this respect with recommendation to assign the complaint in the record
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room. The said inquiry report has also been placed on record alongwith their reply at Annexure R-6/1.
Relevant portion of the inquiry report is as under:-
“As per report of SHO PS Ranjit Avenue, Amritsar, it has been revealed from the enquiry of the application that the land mentioned in the application i.e. area 190 square yards, khasra No.2543/2201/1014, Khatauni No.657/815, is situated at Moh Basal, Patti Kathore, Patwar Circle Basal, Tehsil and District Solan, Himachal Pradesh. The written agreement and sale deed which have been executed qua this land, the same have been executed at Solan, Himachal Pradesh, only the applicant Daljeet Kaur W/o Tajinder Singh R/o above resides in the area of this PS. The place of occurrence mentioned in the application relates to Himachal Pradesh. Therefore, the applicant Daljeet Kaur W/o Tajinder Singh R/o above has been directed to pursue her matter with Hon’ble SSP Solan, Himachal Pradesh. Therefore, no action is required to be taken qua this application by the local police. As per the report of SHO PS Ranjit Avenue, Amritsar, recommendation is made to send this application to the Hon’ble Senior Superintendent of Police, Solan.”
Report dated 23.05.2025 furnished by the Commissioner of Police, Amritsar has also been appended at Annexure R-6/2 alongwith the reply, inter alia, conveying that since the incident pertains to District Solan, Himachal Pradesh, the Investigating Officer has
directed the applicant-Daljeet Kaur to pursue her matter with the Senior Superintendent of Police, Solan, Himachal Pradesh and therefore, no action is warranted by the Local Police (Amritsar) on the application.
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5.
Learned counsel for the petitioners submits that in view of the stand taken by respondents No.4 to 6 in their reply, the substantive relief prayed for by the petitioners has now been granted in their favour.
In view of above, the present writ petition is
disposed of with direction to respondent No.3 to take appropriate steps in law on the complaint made by respondent No.7 pursuant to the communications made and action taken by respondents No.4 to 6. Pending miscellaneous application(s), if any, also stand disposed of.
Jyotsna Rewal Dua July 31, 2026
Judge Mukesh