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Sukhwinder Kaur vs State Of Punjab on 16 January, 2019

CRM-M No.57435 of 2018 1

209
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

CRM-M No.57435 of 2018
Date of Decision: 16.01.2019

Sukhwinder Kaur ……… Petitioner

Versus

State of Punjab ……… Respondent

CORAM: HON’BLE MR. JUSTICE MAHABIR SINGH SINDHU

Present:- Mr.J.S.Guru, Advocate for the petitioner.

Mr. C.L.Pawar, Sr. DAG, Punjab.

Mr.Inderpal Singh, Advocate for complainant.

****

MAHABIR SINGH SINDHU, J. (Oral)

Present petition has been filed under Section 438 Cr.P.C for

grant of anticipatory bail to the petitioner in case FIR No.256 dated

29.11.2018, under Section 406 of the Indian Penal Code, 1860 registered at

Police Station Dugri, District Police Commissionerate, Ludhiana.

While issuing notice of motion, this court passed the following

order on 21.12.2018:-

” Mr. Ravi Chadda, Advocate has filed power of attorney on
behalf of the complainant.

Learned State Counsel is unable to assist the Court as I.O.
of the case is not present.

It has been pointed out that the petitioner is running a
Kitty business, which, prima facie, is not legally permissible. Let
Commissioner of Police, Ludhiana file his affidavit as to how
such activities are being run in the City contrary to law. In case
the affidavit is found to be unsatisfactory, this Court may be
constrained to summon the Commissioner of Police in person.

Learned Counsel for the petitioner undertakes to make the

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CRM-M No.57435 of 2018 2

payment of alleged amount of ` 2,10,000/- to the complainant
within a period of one week.

Let needful be done within 10 days.

Adjourned to 16.01.2019 for further consideration.
In case the payment is made within 10 days from today,
the petitioner is directed to join the investigation before the
Investigating Officer and in the event of her arrest, the Arresting
Officer would admit her to interim bail till the next date of
hearing on her furnishing adequate bail and surety bonds to his
satisfaction. The petitioner is also directed to abide by all the
conditions as envisaged under Section 438(2) Cr.P.C.

However, it is made clear that the amount in question be
released to the complainant by furnishing proper surety and same
shall be subject to the final decision of FIR No.0256 dated
29.112018, under Section 406, IPC, registered at Police Station
Dugri, District Police Commissionerate, Ludhiana.”

Learned State counsel, on instructions from ASI

Sukhjinder Singh, has stated that in terms of the above order, the petitioner

has joined the investigation and her custodial interrogation is not required.

In pursuance to the previous order, affidavit dated

15.01.2019 of Sukhchain Singh Gill, IPS, Commissioner of Police, Police

Commissionerate, Ludhiana filed in Court today is taken on record and

copy, thereof, supplied to the counsel opposite. Paragraph nos. 6 and 7 of the

affidavit being relevant are extracted here below:-

“Para no.6 That it is respectfully submitted that such
activities like kitty business are not legally permissible
and an instant and immediate action is taken against
the offender on receipt of any complaint/information in
this regard. The deponent holds the crime meeting in
the Police Commissionerate, Ludhiana every month
wherein the status of the cases registered in Police
Commissionerate is examined and the necessary
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CRM-M No.57435 of 2018 3

directions are issued to the concerned officials. It is
pertinent to mention here that the specific instructions
have been issued by the deponent in the crime meetings
to all the concerned Gazetted Officers and SHOs in
Police Commissionerate, Ludhiana to ensure that such
like activities are not allowed to run in the Police
Commissionerate, Ludhiana and to take immediate
steps in case any information/intimation with regard to
the running of such like activities come to fore in order
to curb the menace of such like activities.

Para no.7 That it is respectfully submitted that as per
the information derived from the official record, only
the present case / FIR has been found to be registered
as regards the running of kitty business and no other
case/FIR has been found to be registered for such like
activities in Police Coimmissionerate, Ludhiana. The
deponent has issued strict instructions to all the
Gazetted Officers and SHOs in Police
Commissionerate, Ludhiana to ensure that strict action
be taken against the person who is found to be involved
in running of kitty business or such like activities. The
answering respondent undertakes to comply with any
further orders or directions which this Hon’ble Court
would pass, in the facts and circumstances of the
present case.”

The Commissioner of Police, Ludhiana has assured the Court

by way of his affidavit that such like activities shall not be allowed to be run

in the Police Commissionerate, Ludhiana and concerned Gazetted Officers

and SHOs have been specifically directed for taking strict action against the

persons who are found to be involved in the kitty business.

Since the petitioner has joined the investigation and her
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CRM-M No.57435 of 2018 4

custodial interrogation is not required, therefore, the order dated 21.12.2018

is made absolute, subject to the conditions as envisaged under Section

438(2) Cr.P.C. and the present petition stands disposed off.

It is made clear that Commissionerate of Police, Ludhiana shall

be bound by the assertions made in the affidavit filed today.

16.01.2019 ( MAHABIR SINGH SINDHU )
mamta JUDGE

Whether speaking/reasoned Yes/No
Whether Reportable Yes/No

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