KEHARO @ KEHAR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure ("CrPC" - for short) seeking quashing of the order dated 14.8.1999 (Annexure P1) passed by the learned Judicial Magistrate Ist Class, Nawanshahr whereby the petitioner has been declared a proclaimed offender in case FIR No. 105 dated 20.9.1998 registered at Police Station Banga District Nawanshahr for the offences under Sections 379, 411/34 Indian Penal Code.

(2.) It is submitted that the petitioner is an illiterate old lady and has been falsely implicated in an old incident of chain snatching. The name of the petitioner is Keharo @ Kehar Kaur. In the FIR it has been alleged by the complainant Rupinder Kaur that on the date of the incident i.e. 14.8.1999 at about 11.30 a.m., she along with her son aged about 3 years was standing in front of the bus-stand, Guru Tek Bahadur Gate, Banga. Other passengers were also standing. The complainant was to go to Nawanshahr. In the meantime, a bus came and the complainant and her son started boarding the bus. A woman aged 45 years came and stood in front of the complainant while two women stood behind her. The complainant felt that something was being removed from her neck. She started looking for her chain and pendent which was missing. She then raised a hue and cry and the women standing behind her tried to run away. In the meantime, the police official to whom the statement was given along with other officials came at the spot and with the police help, the two women were apprehended. They disclosed their names as Preeto wife of Kala and Satya wife of Jagir Singh. The name of the woman who had accompanied them was disclosed as Dogri wife of Lalu. She had escaped from the spot. The complainant came to know that these women had snatched chains of others also. A request was made for taking action.

(3.) According to the learned Counsel for the petitioner, the petitioner is not named in the FIR. However, she is being implicated in the case as the third lady namely Dogri who had escaped at the time of the incident. It is submitted that the name of the petitioner is Keharo @ Kehar Kaur. Her parentage and residential address is different from that of Dogri. The petitioner is the wife of late Shingara Singh and is resident of Mansoorpur (Chhitanwala), Tehsil Nabha, District Patiala whereas the ladies mentioned in the FIR including Dogri are residents of village Bhaike Bagrian, Police Station Amargarh, Tehsil Malerkotla, District Sangrur. The petitioner does not know any person by the name of Dogri wife of Lalu. However, the police is now claiming that the said Dogri as mentioned in the FIR is the other name of the petitioner. It is submitted that this is not supported by any evidence whatsoever. The police submitted an application dated 19.12.2007 (Annexure P1/A) in the Court of learned Sub-Divisional Judicial Magistrate, Nawanshahr seeking judicial remand of Satya @ Tejo, the other accused. In the said application (Annexure P1/A), it is mentioned that Dogri @ Parmeshwari @ Keharo wife of Lalu @ Shingara Singh was involved in the incident of chain snatching. The name of the petitioner, her parentage and address is supported by the identity card dated 28.4.1995 (Annexure P2) issued by the Election Commission of India. The husband of the petitioner namely Shingara Singh has died and she is living with her son namely Surinder Singh and his family members. The copy of the ration card dated 1.1.2004 (Annexure P3) issued by the Food and Supplies Department, Nabha in the name of Surinder Singh son of Shingara Singh has been placed on record. In the said ration card, the name and residence of the petitioner is mentioned. The Panchayat of village Mansoorpur (Chhitanwala) vide Panchayat Nama dated 26.2.2010 (Annexure P4) has also certified that petitioner is resident of said village for the last 25-30 years. It is also submitted that the challan was prepared against Preeto and Satya on 10.7.1999 and presented in Court on 4.1.2004. The other accused namely Dogri was declared a proclaimed offender vide order dated 14.8.1999 (Annexure P1). It is stated that the petitioner is ready and willing to join the investigation in the case as and when required as also establish the identity of the accused Dogri.