High CourtsSingle Bench(2021) 02 P&H CK 0007

Sahiba Kaur vs State Of Punjab And Others

Punjab And Haryana At Chandigarh · Decided on 2 February 2021

HON’BLE JUDGES
Arvind Singh Sangwan
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 37696 Of 2020

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Judgment

18 paragraphs · 389 words

Arvind Singh Sangwan, J

Prayer in this petition is for transfer of the investigation in FIR No.36 dated 11.10.2020, registered under Sections 354, 323, 325, 506, 148, 149 of the

IPC at Police Station Airport, District Amritsar to some other independent agency.

Reply, filed by way of affidavit of the Assistant Commissioner of Police, Airport, Amritsar City, on behalf of the respondents, is on record.

A perusal of the order dated 14.12.2020 shows that nobody appeared on behalf of the petitioner when the reply was filed.

A perusal of the reply shows that aforesaid FIR was registered on the complaint of the petitioner initially under Sections 354, 323, 506, 148, 149 of the

IPC. During investigation, the police collected the CCTV footage along with a certificate under Section 65B of the Indian Evidence Act from a Cafe

at Airport Road, Amritsar. Thereafter, the MLRs and opinion, regarding injuries suffered by the petitioner and injured Sumit Singh, were received. As

per medical opinion, the petitioner suffered four injuries, out of which, injury No. 5, which was on the little finger of the right hand, was declared

grievous in nature. As per MLR of the injured Sumit Singh, he suffered five injuries and all of them were declared simple in nature. Therefore, during

investigation, Sections 324 and 325 of the IPC were added on 15.10.2020. Thereafter, notices were issued to accused persons and accused Saurav

Arora, Suhail Arora, Gurpartap Singh Sandhu, Shikhal Khanna, Ribhu Khanna and Suhail Sharma were arrested on 29.11.2020 and they were

released on bail. It is further stated that so far investigation is concerned, the same has been conducted properly and the final investigation report will

be presented before the competent Court. It is further stated that regarding safety and protection of the petitioner, instructions are issued to SHO,

Police Station Civil Lines, Amritsar City to ensure the protection of the life and liberty of the petitioner.

In view of the above, no further action is called for in the present petition and the same is disposed of.

The petitioner is granted liberty to approach SHO, Police Station Civil Lines, Amritsar City, is she feels any threat to her life and liberty.

The petitioner will also be at liberty to approach the trial Court/Illaqua Magistrate for redressal of her grievances, if any, after the challan is presented.