High CourtsSingle Bench

Roop Kaur and Others vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 10 August 2010 · Citation: (2010) 08 P&H CK 0384

HON’BLE JUDGES
Daya Chaudhary, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438(2)
RESULT
Allowed
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Judgment

6 paragraphs · 236 words

Daya Chaudhary, J.—While issuing notice of motion on 26.5.2010, the following order was passed:

Learned Counsel for the petitioners contends that the present FIR has been registered only on the basis of suspicion and there is no evidence to connect the petitioners with the alleged occurrence. Learned Counsel further contends that the grandmother of petitioners No. 1 and 2 died on 10.4.2010 and cremation took place on 11.4.2010, which is the date of the alleged occurrence and the possibility of the involvement of the petitioners cannot be there. Learned Counsel also submits that petitioner No. 1 is a married woman having two children and is residing in another village, namely, Khadoor Sahib, District Tarn Taran and petitioners No. 2 and 3 are in the age group of less than 18 years.

2.

Learned Counsel for the petitioners submits that in compliance of the order passed on 26.5.2010, the petitioners have joined the investigation and now they are no more required for further investigation.

3.

Mr. Vishal Munjal, learned Addl. A.G. Punjab on instructions from Head Constable Jadish Singh submits that the petitioners are no more required for investigation.

4.

Since the petitioners have joined the investigation and they are no more required for further investigation, the interim order dated 26.5.2010 is made absolute. However, the petitioners shall abide by the terms and conditions as envisaged in Section 438(2) Cr.P.C.

5.

The petition is disposed of accordingly.