IN THE HIGH COUR OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-12231 of 2010 Date of decision: 28.4.2010 Bhupinder Kaur …. Petitioner Versus State of Punjab and Others ….. Respondent Present : Mr. K.S. Sidhu, Advocate for the petitioner. *** S.S. SARON, J. This petition has been filed under Section 482 of the Code of Criminal Procedure for directing respondents No.2 and 3 not to harass the petitioner and her family members unnecessarily. The husband of the petitioner namely Avtar Singh was arrested on 28.3.2006 in the case titled Narcotic Control Bureau Chandigarh v. Avtar Singh and another for the offences under Sections 8, 21, 23, 27, 27-A and 29 of the NDPS Act; besides, Section 25 of the Arms Act. After his arrest, he was in judicial custody at Central Jail, Amritsar. His health deteriorated and he was admitted in the Guru Nanak Hospital, Amritsar. However, Avtar Singh gave a slip to the Police and fled away from the hospital. Thereafter, he could not be arrested. It is alleged that Station House Officer, Police Station Chehratta, District Amritsar (respondent No.3) Crl. Misc. No. M-12231 of 2010 [2] has been harassing the petitioner to know the whereabouts of Avtar Singh although she is not aware about his whereabouts. It is submitted that the petitioner told the police officials that she does not know the whereabouts of Avtar Singh, besides she assured the police officials that in case she gets any information about Avtar Singh, she would inform them. However, despite that the police officials have been misbehaving with the petitioner. A reference has been made to an incident of 19.4.2010 when the police officials of Police Post Khasa along with police officials of Police Station Chehratta came to the house of the petitioner and started conducting search for Avtar Singh. It is alleged that they threw the household articles of the petitioner. Besides, the police officials harassed the petitioner. It is submitted that the petitioner is a poor lady and has two school going children. The petitioner has also submitted an application dated 20.4.2010 (Annexure P1) to the Senior Superintendent of Police, Amritsar (respondent No.2) for directing the police officials of Police Station Chehratta and Police Post Khasa not to harass the petitioner and her children. However, despite that no action has been taken. After giving my thoughtful consideration to the matter, it may be noticed that it is the admitted position that husband of the petitioner gave a slip to the police while he was admitted in Guru Nanak Hospital, Amritsar. He had been taken to the said hospital from judicial custody at Central Jail, Amritsar. The police, therefore, is to conduct raids for apprehending him. However, in case the police is alleged to have harassed the petitioner on 19.4.2010, she may seek her legal remedy in this regard by filing a case. It is not shown from the allegations as made in the application dated 20.4.2010 (Annexure Crl. Misc. No. M-12231 of 2010 [3] P1) addressed to Senior Superintendent of Police, Amritsar (respondent No.2) that any cognizable offence is made out. In fact in the said application dated 20.4.2010 (Annexure P1), there is no mention of the incident of 19.4.2010 which is said to have occurred only a day earlier to the application dated 20.4.2010. In case such an incident had occurred, the petitioner would have made a mention of it in her application that she is said to have made on 20.4.2010. In view of the above, the present Crl. Misc. petition is disposed of with liberty to the petitioner to avail her other remedies in accordance with law. (S.S. SARON) JUDGE April 28, 2010 amit