Mohinder Kaur vs State of Punjab

K.S. Kumaran, J.

PetitionerMohinder Kaur daughter of Kashmir Singh gave a complaint dated 12.6.1997 to the SHO, Police Station Sadar, Jalalabad (Annexure P3) against Jaga Chand, Kashmir Chand, Kishan Chand, Mohinder Kaur, and Jatto Bai. She has alleged therein that she had come to meet her uncle at Village Bhambra, and on 4.6.1997, a dispute took place between her brothers and the accused persons. According to the complaint, the accused caused injuries to her brotherWazir Singh, and when she tried to save her brothers from the accused, the accused gave injuries to her with their legs and fist blows and that the wives of the accused persons also hit her with stone and brickbats on her abdomen. It has further been alleged that she cried due to pain and was admitted in the Civil Hospital, Jalalabad from where she was referred to Civil Hospital, Ferozepur. It has also been alleged that till the date of complaint i.e. 12.6.1997, she was being treated in the hospital. She made a representation dated 30.6.1997 to the Senior Superintendent of Police, Ferozepur (Annexure P4) complaining about this incident and also stating that despite the treatment, she could not save her four months old child in the womb.

The petitioner has alleged in the present petition that no action was taken by the SHO, Police Station Sadar, Jalalabad and the SSP and, has therefore, prayed that a direction may be given to them to register the FIR against the accused persons.

Rachhpal Singh, Inspector/SHO, P.S. Sadar, Jalalabad has filed a reply alleging among other things, that an occurrence took place on 4.6.1997 at about 4 p.m. in which Jagir Chand was attacked by Wazir Singh and others as a result of which Jagir Chand was admitted in the Civil Hospital, Jalalabad on 4.6.1997. He has also alleged that on the statement of Jagir Chand, FIR No. 95 dated 4.6.1997 has been registered at Police Station Sadar, Jalalabad. He has also alleged that from the MLRs of both Jagir Chand and Mohinder Kaur (petitioner), it was found that no cognizable offence was made out. According to him, the statements of Wazir Singh and Mohinder Kaur were recorded on 5.6.1997 and the matter was investigated. He has alleged that Mohinder Kaur was not present at the spot at the time of the alleged occurrence and did not receive any injuries in the said occurrence. He has further alleged that the doctor has given the opinion that the abortion which took place on 13.6.1997, was less likely to occur from the injuries on the abdomen. He has, of course, admitted the receipt of the complaints annexures P3 and P4, but has stated that no cognizable offence was made out.

Kashmir Chand and Jatto Bai, two of the accused also made an application to implead them as parties (Criminal Miscellaneous No. 20644 of 1997) but I felt that it was not necessary to implead them.

But the counsel for the petitioner, the State and the counsel for the two of the accused, who wanted to get them impleaded, were heard.

The allegation in the complaint is that the petitioner was hit with legs and that she was also hit by stones and brickbats in her abdomen, that she was admitted in the Civil Hospital at Jalalabad, then at Civil Hospital, Ferozepur, and that in spite of the treatment, the four months old child in her womb could not be saved i.e. these injuries resulted in the abortion. The contention of the respondents is that the petitioner was not present at the time of the alleged occurrence and that the doctor''s report shows that the abortion which took place on 13.7.1997 could not be the result of the injuries which she allegedly sustained. The official respondents also claim that the matter was investigated and it was found that no cognizable offence was made out. But in proceedings under Section 482 Cr.P.C., this Court will not examine whether allegations in the complaint are true or not, but will only examine the complaint to find out whether the allegations therein prima facie disclose the commission of cognizable offence/offences. The reading of annexures P3 and P4 discloses the commission of cognizable offence since the accused allegedly hit the petitioner and caused the death of the child in the womb of the petitioner. The respondents cannot say that they have investigated the matter and found that no cognizable offence is made out. They have to register the FIR on the basis of the complaints annexure P3 and P3 and then proceed with it in accordance with law.

According, the petition is allowed. The thirdrespondent is directed to register the FIR on the basis of the complaints annexure P3 and P4 and then proceed with it in accordance with law.