Crl. Misc. No. M-21029 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-21029 of 2010 (O&M) Date of Decision: September 13, 2010 Bharpoor Singh ........Petitioner Versus State of Punjab and others ........Respondents ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. Varinder, Advocate for Mr. G.N. Malik, Advocate, for the petitioner. Ms. Rajni Gupta, Addl. A.G. Punjab. Mr. Iqbal Singh Mann, Advocate, for respondents No.4 & 5. SABINA, J. Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for handing over the investigation of the case to Central Bureau of Investigation or any other independent agency and for directions to respondents No.1 to 3 to register FIR under section 376(g) of Indian Penal Code against respondents No.6 to 8 and for directions to the official respondents to take action against respondent No.4 & 5 for threatening and beating up the prosecutrix and for keeping her in illegal custody in the police station. Learned State counsel has filed the reply on behalf of respondents No.1 to 3. Paras 3 to 6 of the preliminary submissions read as under :- “3. That Gagandip Kaur was recovered from Crl. Misc. No. M-21029 of 2010 (O&M) 2 Ludhiana and ASI Anwar Ali recorded her statement in which she described that she is studying in 9th Class as a private student and she is living in her maternal grand parents house. She was not happy in the house of her maternal grand father as her maternal grand father, maternal uncle and other family members used to tease and harass her and used to quarrel with her over trifles and pressurize her to work beyond her capacity and as such she left the house of her maternal grand father on 27.5.10 at her own will and volition to become a dancer and has gone to Renu Sibia who is running the business of singer artist at Ludhiana and was in need of a girl regarding which she came to know on reading advertisement in the News Paper. She has further stated that no body was responsible for the same. Keeping in view the above mentioned facts, Gagandip Kaur was kept in Police Station under the watch/supervision of Lady Constable Kirna Rani as it was late night. ASI Anwar Ali recorded a DDR No.2 dated 5.6.2010 at 12.30 A.M. in this regard, in the Roznamcha of P.S. Amargarh. True copy with translation is attached as Annexure R-1/T. 5. That on 5.6.2010, Gagandip Kaur was produced before the Ld. Court of J.M.I.C., Malerkotla and the Ld. Court after recording her statement u/s 164 Cr.P.C., issued directions that Gagandip Kaur, whose Crl. Misc. No. M-21029 of 2010 (O&M) 3 age is 17 years be admitted in Nari Niketan, Jalandhar with further directions to produce her on 15.6.10. In compliance of the above said directions, Gagandip Kaur was sent to Nari Niketan, Jalandhar, but the Superintendent, State Protective Home, Basti Gujan, Jalandhar refused to admit Gagandip Kaur for want of correct address. Due to which Gagandip Kaur could not be admitted there on 5.6.2010. On 6.6.2010, Gagandip Kaur under the supervision of lady Constable Lovepreet Kaur was gain produced before the learned J.M.I.C., Malerkotla and after getting correct address, she was got admitted in Protective Home, Basti Gujjan, Jalandhar on the same day. 6. That on 15.6.2010, Gagandip Kaur was produced before the Ld. J.M.I.C., Malerkotla by Jalandhar Police and the Ld. Court sent Gagandip Kaur with her parents.” Thus, Gagandeep Kaur has been sent with her parents after she was produced before the Chief Judicial Magistrate, Malerkotla. In these circumstances, no further interference by this Court is made out. The petition stands disposed of accordingly. (SABINA) September 13, 2010 JUDGE Anand