Criminal Misc. No.M 27239 of 2008 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M 27239 of 2008 Date of decision: 19.2.2009 Ramandeep ......Petitioner Versus State of Haryana and others .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Saurabh Dalal, Advocate, for the petitioner. Mr.Sidharth Sarup, AAG, Haryana. Mr.P.S.Jammu, Advocate for respondent Nos. 2 to 4. **** SABINA, J. CRM No.9077 of 2009 Allowed. The petitioner is exempted from filing the certified copies of Annexures R-2/1 to R-2/3. CRM No.9076 of 2009 Allowed. Reply filed on behalf of respondents Nos. 2 to 4 is taken on record. Criminal Misc. No.M 27239 of 2008 This petition has been filed by Ramandeep under Section 482 of the Code of Criminal Procedure (“Cr.P.C. for short) for getting conducted the inquiry by some other agency or other senior police Criminal Misc. No.M 27239 of 2008 2 official or police officer from some other district in FIR No. 681 dated 12.9.2008 registered at Police Station Sirsa. The case of the petitioner, as per the FIR in question, is reproduced herein below :- “It is prayed that, I am Ramandeep d/o Jeet Singh r/o Khanna Colony, Sirsa. That I have been married to accused No.1 for the last 15 years and I have one boy and one girl. Sir, on 10.9.2008, at around 3/3.30 p.m. the accused No.1 came to the house and tried to forcibly obtain my signatures on the registry papers of my house in which it was written that “ I am transferring my house, that my father gave to me, in the name of my husband” i.e. accused No.1. When I objected to it, the accused No.1 started beating me and then he called both his brothers i.e. accused Nos. 2 and 3 and said that she will not give up this way, you take her inside the room. Just then accused Nos.2 and 3 took me into the room and tore my clothes and tried to rape me and then I started shouting and raised alarm, the above said two accused fled from the scene. Sir, the accused No.1 has been beating me for a long time and has been threatening to kill me repeatedly. That I am in apprehension of danger of my life and property from the above referred accused, therefore, it is requested that stern legal action may be Criminal Misc. No.M 27239 of 2008 3 taken against the above referred accused and mine as well as the life of my parents may be protected. If any untoward event happens with me or my parents, the accused will be responsible for it.” After investigation of the case, the police has presented the challan under Sections 323, 506, 354 and 34 IPC. As per the reply filed by respondent Nos. 1 and 5, during investigation the matter was inquired into and statements of the petitioner and Didar Singh were recorded and it was found that no offence under Sections 376 and 511 IPC is made out. The matter is already before the Magistrate, as challan has been presented in this case. The prosecution would be free to take all the pleas available to it at the time of framing of charge or thereafter. No further direction is necessary in this case. Accordingly, this petition stands disposed of. (SABINA) JUDGE February 19, 2009 anita