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2025 DAILYLAW 96026 (PNJ)

DAVINDER KAUR v. STATE OF PUNJAB AND OTHERS

CRM-M/47906/2025 · 2025-09-01

Jasjit Singh Bedi

body2025

Judgment text

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CRM-M-47906-2025 -1- (122) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-47906-2025 Date of Decision: 01.09.2025 DAVINDER KAUR ... Petitioner Versus STATE OF PUNJAB & OTHERS ...Respondents CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Satvir Singh, Advocate for the petitioner. Mr. T.P. Singh, Sr. DAG, Haryana. **** JASJIT SINGH BEDI, J. The prayer in the present petition under Section 528 BNSS, 2023 is for seeking direction for re-investigation of FIR No.39 dated 01.04.2024 (Annexure P-1) registered under Sections 420, 465, 468, 471, 120-B (Section 120-B deleted later on) at Police Station City Fazilka, District Fazilka through an independent agency or SIT. 2. The brief facts of the are that Gurpreet Singh and Rina Kumari filed a petition in Court seeking protection from the family members of Rina Kumari. During the course of those proceedings, it transpired that the documents accompanying the petition were forgeries. An FIR came to be registered against the petitioner. Based on the investigation, a report under Section 173(2) Cr.P.C. has been submitted in Court. 3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. The FIR has been registered without any preliminary inquiry. The only role played by her is JITESH LAL 2025.09.02 17:21 I attest to the accuracy and integrity of this document CRM-M-47906-2025 -2- that she had asked the parties concerned to contact Kuldeep Singh, Advocate regarding filing of any kind of petition for protection. She is neither a signatory to the petition nor has she got performed the marriage of the petitioner. Despite the said fact, the instant FIR has been filed leading to a report under Section 173(2) Cr.P.C. Multiple representations have been made to the higher police officials for a fair and impartial investigation which has not been acceded to. Therefore, this Court should issue directions to the senior police officials to properly re-investigate the case in question. 4. I have heard the learned counsel for the petitioner. 5. Admittedly, the FIR came to be registered against the petitioner based on an order passed by this Court in CRWP-11586-2023 wherein one Gurpreet Singh and Rina Kumari had sought protection for the life and liberty. On a culmination of the investigation, the report under Section 173(2) stands submitted against the petitioner. At this stage, the question of re-investigation of the case would not arise. 6. However, the petitioner is at liberty to approach the Court concerned either under Section 156(3) Cr.P.C. or Section 173(8) Cr.P.C. seeking further investigation into the matter. In case any such application is made, the concerned Court shall adjudicate upon the same within a period of 08 weeks from the date of moving such an application. 7. The present petition stands disposed. (JASJIT SINGH BEDI) JUDGE 01.09.2025 JITESH Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No JITESH LAL 2025.09.02 17:21 I attest to the accuracy and integrity of this document