Judgment:
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM No.M-7121of 2014 (O&M) Date of Decision: 26.02.2014.
Meenu Sharma --Petitioner Versus State of Punjab and others --Respondents CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.
Present:- Ms.Puja Chopra, Advocate for the petitioner.
*** TEJINDER SINGH DHINDSA.J The present petition has been filed under Section 482 Cr.P.C raising a prayer for registration of an F.I.R against the husband, father-in- law, mother-in-law, sisters-in-law and brother-in-law of the present petitioner under the relevant provisions of law in relation to alleged offence of maltreating the petitioner as also for demand of dowry.
The question as to whether this Court in exercise of jurisdiction under Section 482 Cr.P.C should intervene on account of failure on the part of the concerned police officials to register an F.I.R on the allegations that a cognizable offence has been committed, came up before a Coordinate Bench of this Court in case of Jaswinder Kaur versus State of Punjab and another , 2014 (1) R.C.R.(Criminal) 569.
While declining to interfere, the following observations were made:- “In view of the settled position of law laid down in Aleque Padamsee's case (supra) and Sakiri Vasu's case (supra).there is no reason for this Court to issue any such direction as prayed for, in exercise of extraordinary jurisdiction under Section 482 of the Code.
The petitions are accordingly disposed of with liberty to the petitioners to avail Lucky appropriate remedy, in accordance with law.
2014.02.28 10:20 I attest to the accuracy and integrity of this document chandigarh CRM No.M-7121of 2014 (O&M) -2- Before parting with this order, I would like to clarify that nothing stated in this order shall be construed as an expression on the merits of the allegations set up by the petitioners nor the Court has adverted itself to the issue, if the allegations do or do not constitute any cognizable offence having been committed.”
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The present petition is, accordingly, disposed of in the light of observations made by a Coordinate Bench of this Court in Jaswinder Kaur's case (supra).Petition disposed of.
(TEJINDER SINGH DHINDSA) JUDGE February 26, 2014.
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