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Harjinder Kaur @ Jinder Kaur v. Senior Superintendent Of Police And Others

Harjinder Kaur @ Jinder Kaur v. Senior Superintendent Of Police And Others

(High Court Of Uttarakhand)

Criminal Writ Petition No. 1086 of 2018 | 14-06-2018

V. K. Bist JPresent writ petition has been filed for the following reliefs:-

"i.) Issue a writ, order or direction in the nature of certiorari to quash the impugned First Information Report No.0193 of 2018 dated 06.06.2018 under Sections 147, 148, 149, 452, 302, 354(Ka)/323/504/506 I.P.C. P.S. Khatima District U.S. Nagar, so far as relates to the petitioner.

ii.) Issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the present petitioner during the pendency of the investigation nor take any coercive steps against him pursuant to the impugned First Information Report No.0193/2018 dated 06.06.2018 under Sections 147, 148, 149, 452, 302, 354(Ka)/323/504/506 I.P.C, P.S. Khatima District U.S. Nagar."

2. Respondent no.3 got lodged an FIR with the allegation that on 06.06.2018 Satpal Singh, Jagit Singh, Baldev Singh, Bhagwant Singh, Smt. Harjinder Kaur wife of Bhagwant Singh came to the informant house and attacked on the informants family. Bhagwant Singh and Baldev Singh looped the neck of the brother of the complainant and Satpal Singh hit on the head of his brother by sword. Sarbjeet Kaur, mother of the informant came to save him but accused misbehaved with her. In the meanwhile, Simran Kaur wife of the complainant tried to save Sarbjeet Kaur, then Harjinder Kaur (present petitioner) and wife of Bhagwant Singh pulled the hair of Simran Kaur and thrown her down. Thereafter the accused persons misbehaved with the ladies of the house.

3. He submits that FIR has been registered against six persons including the petitioner. He submits that petitioner has falsely been implicated in the instant case. He submits that role assigned to the petitioner is that she with another lady misbehaved with the wife of the complainant. He submits that that name of the petitioner has been implicated to teach lesson to her as the members of her family are said to be involved in the offence. He submits that nothing has been done by the petitioner and she was not present at the place of incident. He submits that petitioner is a young lady and in case she is kept inside the jail, it will badly affect her. He further submits that in case some interim protection is granted to the petitioner, she will fully cooperate with the investigation.

4. Learned AGA vehemently opposed the petition. He submitted that he has received the instructions from I.O. according to which petitioners involvement is found. He submitted that petitioners presence is also found on that place. He submitted that case comes under the definition of Section 149 I.P.C.

5. The Honble Apex Court, in the case of State of West Bengal. Vs. Swapna Kumar, (1982) 1 SCC 561 , has held that if an offence is disclosed, Court will not normally interfere with the investigation into the case, and will permit investigation into the offence alleged to be completed. If the FIR, prima facie, discloses the commission of an offence, the Court does not normally stop the investigation, for, to do so would be to trench upon the lawful power of the police to investigate into cognizable offences.

6. I have considered the submissions of learned counsel for the parties and have gone through the contents of the F.I.R. It cannot be said that from the reading of the FIR no offence is made out. Whether the facts mentioned in the F.I.R are correct or not, is a matter of investigation. In my opinion it is not a fit case where the Court should intervene. It is for the Investigating Officer either to file final report or charge sheet in the matter.

7. The writ petition is dismissed.

8. Learned counsel for the petitioner then prayed that in case offence is made out against the petitioner, in that event, the petitioner will surrender before the Court concerned and will move the bail application and the Court concerned may be directed to decide his bail application same day. In my view, every bail application should be considered and decided by the learned Court below without any unreasonable delay; but, needless to say that it should be decided strictly in accordance with law.

9. Considering the submission of learned counsel for the petitioner and also considering the fact that petitioner is a young lady, it is observed that in case petitioner surrenders and moves bail application, the same shall be decided by the concerned Courts very very expeditiously, preferably on the same day, in accordance with law.

Advocate List
  • For Petitioner : Deep Prakash Bhatt, Adv., P.S. Bohra, Adv.
Bench
  • HON'BLE JUSTICE V.K. BIST, J.
Eq Citations
  • LQ/UttHC/2018/567
Head Note

Criminal Procedure Code, 1973 — Ss. 438 and 439 — Bail application — Expeditious disposal of — Petitioner, a young lady, prayed that in case offence is made out against her, she will surrender before the Court concerned and move the bail application and the Court concerned may be directed to decide his bail application same day — Held, every bail application should be considered and decided by the learned Court below without any unreasonable delay; but, needless to say that it should be decided strictly in accordance with law