KAMALJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Seeking launch of prosecution against respondents No.4 and 5 on the allegations of misleading this Court by filing a wrong affidavit, the petitioner has come up before this Court under Sec. 340 CrPC.

(2.) A co-ordinate Bench of this Court had issued notices to respondents No. 1 to 3 i.e. official respondents and did not issue any notice to private respondents No.4 and 5. I have heard counsel for the parties to understand that whether the petitioner has made a prima facie case for issuing notices to private respondents No.4 and 5, and it is matter worth consideration or not and for that purpose I have heard counsel for the petitioner and the State counsel and gone through the reply filed by the State as well as the entire petition and its analysis would lead to the following outcome.

(3.) The petitioner's case is that after the death of her husband, she was running business of her husband of tralla and JCB and respondent No.5 Satnam Singh, Munshi, of Police Station Ghuman had called her regarding some false case, he took her mobile number and told that he would call her, when her presence would be required. After that, when he got to know that the petitioner is a widow, he would unnecessary call her and he started visiting her house and started pressuring her to enter into physical relations with him. Based on this, she was supposed to make relation with respondent No.5 because he would threaten her to implicate in a false case if she refuses. Based on such pressure, she shifted her children outside the district. The petitioner also approached this Court by filing a petition bearing CRWP-2393-2024 which was dismissed as withdrawn. In the said petition, an affidavit Annexure P-2 was filed by respondent No.4 in which he was mentioned wrong facts and details.