MALKIT KAUR @ JAGJEET KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE criminal miscellaneous petition has been filed under Section 482 of the Code of Criminal Procedure for directing the official respondents No. 1 to 3 to protect the life, liberty and property of the petitioner as well as her minor children from the hands of private respondents No. 4 and 5.

(2.) THE petitioner was married to Jaswinder Singh - the son of respondent No. 4 Achhar Singh on 14.10.1995. Jaswinder Singh husband of the petitioner unfortunately died on 26.05.2011. Harjinder Singh respondent No. 5 is the brother in law of the petitioner. The petitioner has inter alia alleged that her father in law and brother in law (respondents No. 4 and 5) since the date of her marriage had been harassing her on petty matters. The petitioner had, therefore, started residing at S.A.S. Nagar with her husband. After the death of her husband the respondents No. 4 and 5, it is alleged, became dishonest and started misbehaving and harassing her. The reason for this it is stated is that the petitioner is residing in a big house No. 306, Phase I, Mohali. Due to the dishonest intention of respondents No. 4 and 5, it is alleged that they want to sell the said house. The petitioner had been requesting them not to sell the house and not to oust the petitioner from the said house. It is alleged that on 19.05.2014, respondents No. 4 and 5 came to her house along with some 'gunda' persons during the night. They started misbehaving with the petitioner and respondents No. 4 and 5 asked the other persons with them to throw the petitioner and her children out of the house. On the next morning i.e. 20.05.2014, the petitioner approached the Senior Superintendent of Police, SAS Nagar, Mohali (respondent No. 2) by making a representation (Annexure P -1). However, no action has been taken on the part of the Senior Superintendent of Police, SAS Nagar, Mohali (respondent No. 2). Therefore, it is prayed that the official respondents be directed to take appropriate action on her representation.

(3.) IN the facts and circumstances of the case, the petitioner may in the first instance avail her remedy before the concerned Magistrate in terms of Section 156(3) of the Code of Criminal Procedure.