LAWS(P&H)-2015-5-305

CHARANJIT KAUR Vs. STATE OF PUNJAB AND ORS.

Decided On May 29, 2015
CHARANJIT KAUR Appellant
V/S
State of Punjab and Ors. Respondents

JUDGEMENT

(1.) BY this common order CRM -M -5134 -2015, (Charanjit Kaur Vs. State of Punjab and others) and CRM -M -5840 -2015 of the same title are being disposed of as the common questions of facts and law arise in both these petitions. In the first petition, i.e. CRM -M -5134 -2015 the proceedings being held under Section 145 Cr.P.C. pertain to the land situated in Tehsil Phagwara, District Kapurthala and in the second petition the disputed land falls within the Sub Division, Garhshankar, District Hoshiarpur.

(2.) THE petitioner has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. seeking quashing of Calendra bearing Report No. 13 dated 10.12.2014 (Annexure P -1) Police Station Sadar, Phagwara, District Kapurthala (in CRM -M -5134 -2015) and Calendra bearing Report No. 15 dated 27.01.2015 (Annexure P -1) Police Station Mahalpur, District Hoshiarpur (in CRM -M -5840 -2015) presented by the Station House Officer (SHO) of the concerned police stations under Section 145 Cr.P.C. along with subsequent proceedings arising therefrom. For brevity, the facts are being extracted from CRM -M -5134 - 2015.

(3.) IT is admitted case of the parties that Colonel Gurdev Singh was married to Gurpal Kaur on 02.06.1968 and two daughters, namely; Anterpreet Kaur -respondent No. 5 and Simrat Kaur Cheema were born from the wedlock. The proceedings under Section 145 Cr.P.C. were initiated at the instance of respondent No. 5.