LAWS(HPH)-2011-2-57

SATVIR KAUR Vs. STATE OF HIMACHAL PRADESH

Decided On February 24, 2011
Satvir Kaur Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) A letter dated 1.11.2010 addressed by the petitioner to Honble the Chief Justice has been treated as Criminal Writ Petition. Material facts necessary for the adjudication of this criminal petition are that petitioners marriage was solemnized with one Sh. Vijender Singh. Petitioner is permanent resident of Jagatpur, Post Office Joghon. Petitioners husband Sh. Vijender Singh was attacked by respondents No. 6 to 11, as per the averments contained in the letter dated 1.11.2010. He received multiple injuries on his body. Petitioner alongwith her husband went to Police Post Joghon to lodge the complaint and also for medical examination in the evening. The couple was made to sit in the Police Post till 5.00 P.M. They were told by the police to go to Nalagarh for medical examination. The couple left for Nalagarh around 5 -6 P.M. They were also chased by the private respondents.

(2.) THEY reached Police Station, Nalagarh and persisted for the registration of an F.I.R. as well as medical examination. The Police personnel, present in the Police Station, were reluctant to register the F.I.R. and also to get the petitioners husband medically examined. It was after the great persuasion that the petitioners husband was sent for medical examination. He was medically examined and found to have received injuries on his body, as mentioned in daily diary dated 6.6.2010 at page 11 of the paper book. Further investigation was not carried out only on the pretext that the X -ray was to be conducted.

(3.) CASE of the petitioner, in a nutshell, is that despite her best efforts by bringing to the notice of the police that cognizable offence has been committed, no F.I.R. has been registered till date. The Court had directed the Superintendent of Police, Baddi to file his affidavit. The affidavit has been filed by him, sworn on 1.1.2011.