MANJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant criminal writ petition has been filed under Articles 226/227 read with Article 21 of the Constitution of India for direction to the respondent-authorities not to arrest the petitioners in view of the provisions of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as the "Act 1994") as the offence under Section 420 of the Indian Penal Code registered against the petitioners, in a case FIR No. 17 dated 03.04.2012, registered at Police Station Kathu Nangal, Tehsil and District Amritsar is triable under the Act 1994. Brief facts of the case are that the petitioners have cheated the complainant's son on the assurance that he would be sent to America and on that pretext the petitioners have received Rs. 30 lacs from the complainant. The petitioners failed to honour the promise and issued a cheque to the complainant, which was dishonoured. They had earlier approached this Court under Section 438 of the Code of Criminal Procedure in this very FIR. The said petition i.e. CRMM-12763 of 2012 was dismissed by this Court by passing a speaking order on 03.05.2012. Against the said order, the petitioners approached Hon'ble Supreme Court and their Special Leave to Appeal (Crl.) No. 4932 of 2012 was also dismissed on 20.07.2012. Now, the petitioners have approached this Court by way of present criminal writ petition.

(2.) I have heard learned counsel for the petitioners.

(3.) This is a common practice in the State of Punjab that agents like the petitioners are fleecing the innocent villagers by promising to send them abroad and are extracting money from them. In this manner, the petitioners have cheated the complainant's son.