KASHMIR KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner Kashmir Kaur wife of Jeet Singh, resident of village Sohal Khalsa, Tehsil Shahkot, District Jalandhar has filed the present petition under Section 482 Cr.PC for issuance of a direction to respondents No.1 to 3 to register FIR against respondent No.4 and unknown persons as named in Annexure P-3 and for transfer of investigation to some independent agency.

(2.) It has further been mentioned in the reply that even petitioner Kashmir Kaur has also submitted her complaints on 30.9.2014 and 28.10.2014 wherein she made allegations against Avtar Singh Sarpanch, Amanpreet Singh, Gurpal Singh Lambardar, Sagar Singh, Gurpreet Singh, Gurbacahan Singh Sarpanch and Gurdev Singh. These complaints were duly enquired into by DSP, Sub Division Shahkot, who found these allegations totally false. Accordingly, the enquiry report was submitted to Senior Superintendent of Police (Rural) Jalandhar, who approved the enquiry report conducted by DSP, Sub-Division Shahkot and recommended cancellation of the case. As such, cancellation report dated 9.3.2015 was prepared and the same was submitted in the Court.

(3.) Learned counsel for the petitioner has argued that in view of law laid down by Hon'ble Supreme Court in the case of Lalita Kumari Versus State of UP, 2013 4 RCR(Cri) 979 , the police is duty bound to act on the complaint of petitioner Kashmir Kaur and inform her about the status of her complaint. Learned counsel has further contended that the provisions of Section 157(2) Cr.PC are also required to be followed by the police.