SHINDO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER has filed this petition under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in FIR No. 12 dated 1.2.2013 under Section 406, 420 of the Indian Penal Code, registered at Police Station Dharamkot, District Moga.

(2.) PROSECUTION story, in brief, is that Jagroop Singh, in connivance with his wife and son took Rs. 21,00,000.00 from the complainant for sending his son to England. However, the son of the complainant was sent to Cambodia instead of England and the complainant had to spend another sum of Rs. 1,50,000.00 to enable his son to return back to India from Cambodia. The accused had failed to return the money taken by them from the complainant.

(3.) AFTER hearing the learned senior counsel for the petitioner, I am of the opinion that the instant petition deserves dismissal. Complainant had lodged the FIR against the petitioner, her husband Jagroop Singh and her son Hardeep Singh. During investigation of the case, it transpired that complainant Avtar Singh had handed over Rs. 16,00,000.00 along with the passport of his son to Jagroop Singh and the petitioner in the presence of Boota Singh for sending his son Saman Singh abroad on 5.4.2006. Avtar Singh had got the said amount after selling his land and Rs. 16,00,000.00 had been handed over to the petitioner and her husband in their house. Thereafter, the complainant had again given Rs. 5,00,000.00 to the petitioner and her husband Jagroop Singh. However, the son of the complainant was sent to Cambodia instead of England. Thereafter, the complainant had to spend more money to enable his son to return back to India. The allegations levelled against the petitioner are serious in nature. Petitioner might be required for custodial interrogation. Dismissed.