MOHINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a learned Single Judge of the Punjab and Haryana High Court dismissing the petition filed in terms of Section 438 of the Code of Criminal Procedure, 1973 (in short the 'Cr.P.C.').

(3.) The appellant had sought for protection in terms of aforesaid provision in FIR No. 105 dated 15.8.2007 registered at the Police Station Bhogpur, District Jalandhar. The complainant had alleged that she was married to Ranjit Singh, son of the appellant on 23.10.2002. The said Ranjeet Singh went abroad in February, 2002 and came back after about one year. Alleging that the complainant was harassing her for brining insufficient dowry, the complaint was lodged in the police station. The appellant filed a petition under Section 438 Cr.P.C. for protection. The High Court observed that ordinarily in such cases the court is inclined to grant protection against arrest to family members of husband of the complainant, however the facts of the present case were different. It was stated that the appellant herself was a retired police officer who was serving as an inspector of Punjab police. Her son was residing abroad and she had transferred/bequeathed her property in favour of her grand son who is born to another son who is settled abroad. No part of the immovable property has been given to grand daughter born to the complainant. The High Court, therefore, concluded that the complainant and her minor daughter were left without any source of livelihood. It was noted that serious allegations were made against the appellant. The hostile treatment meted out to the grand daughter speaks loudly that the allegations leveled carry prima facie substance. After making these observations, the High Court also accepted the contention that the appellant being a recently retired police officer, the local police were hob-nobbing with her and the investigations were not being done properly. The High Court therefore, dismissed the petition. But at the same time it directed the Senior Superintendent of Police, Jalandhar to depute a fairly senior police officer to monitor the on-going investigation and take all lawful measures to interrogate the appellant and recover the dowry articles. Her passport was also seized and she was not to be permitted to go abroad without the permission of the Court.