CRM No. M 32357 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 32357 of 2009 Date of decision: 29.10.2010 Naima ........ Petitioner Versus State of Haryana and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Sarfraj Hussain, Advocate for the petitioner Mr. Deepak Jindal, DAG, Haryana for the respondent- State None for respondent Nos. 4 and 5 -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) This is a petition under Section 482 of the Code of Criminal Procedure seeking direction to respondent No. 2 to decide the representation (Annexure P1) and take action against accused persons-respondents No. 4 and 5 and their companions who kidnapped, gave beatings and respondent No. 4 who forcibly committed rape. Upon notice, reply has been filed by the State, stating therein that initially, a complaint was filed by the petitioner on 28.10.2009, in which, it was stated by the petitioner that she is major, her date of birth is CRM No. M 32357 of 2009 2 24.07.1990 and she knew what was good for her. It is further stated in the reply that she got married to respondent No. 4 out of her own will and it was for this reason that her family members were angry with her. On the other hand, learned counsel for the petitioner submitted that the petitioner was kidnapped and raped and her signatures were obtained on blank papers and in some register. Later on, to save his skin, respondent No.4 concocted a story of marriage and used those papers, signatures on which were obtained by him forcibly from the petitioner. The petitioner, her family members and other respectables had brought this fact to the notice of respondent No.3 but he was adamant and refused to take any action against private respondents and other three companions under the shield of the order passed by this Court in CRM 29854 of 2009 which was got passed by respondent No.4 without disclosing the true facts. Since, the contents of the present petition appeared to be contradictory to the averments made in CRM M 29854 of 2009, the petitioner was directed to be present in Court. In pursuance to the said order, the petitioner is present in Court today. The petitioner was specifically asked to state her specific stand without any fear. It was stated by her that she supported the averments made in the present petition and also stated that the earlier petition was filed without her knowledge and her signatures were taken while she was semiconscious. She prayed for justice. No one has put in appearance on behalf of respondents No. 4 and 5 in spite of service. The allegations are serious and amount to commission of a non-cognizable offence. CRM No. M 32357 of 2009 3 Accordingly, the present petition is disposed of with a direction to respondent No. 2 to registered the FIR as per P-9 and proceed in the matter in accordance with law. (Nirmaljit Kaur) Judge October 29, 2010 mohan