IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M 5634 of 2010 Date of decision: 29.4.2010 Sarabjit Kaur . ... Petitioner Versus The State of Punjab . ... Respondent CORAM: HON'BLE MR.JUSTICE HARBANS LAL Present: Mr. M.S. Sachdev, Advocate for the petitioner. Mr. K.D. Sachdeva, Additional Advocate General, Punjab. **** HARBANS LAL, J. (ORAL) This petition has been moved by Sarabjit Kaur, under Section 438 Cr.P.C. for issuance of direction to the SHO/Investigation Officer/Arresting Officer of Police Station Anti Fraud Cell, Jalandhar, Division No.2/Illaqa Magistrate, to release the petitioner on bail in the event of her arrest on the basis of complaint submitted by Avtar Singh. I have heard counsel for the parties. On instructions from Head Constable Gurpreet Singh, the learned State counsel informs that the complaint moved by AvtarSingh, has been cancelled and the necessary report has been submitted to the Police Commissioner, Jalandhar, for his approval. Learned counsel for the petitioner submits that in view of the observations rendered by the Hon'ble Apex Court, in Savitri Aggarwal & others Vs. State of Maharashtra & another, 2009 (3) RCR (Criminal), 792 the direction may be given to the respondent to give three days notice to the petitioner in the event of registration of the case against her. CRM No. M 5634 of 2010 -2- I have well considered these submissions. In Savitri Aggarwal's case (supra) it has been laid down that “the filing of First Information Report (FIR) is not a condition precedent to the exercise of power under Section 438-The imminence of a likely arrest founded on the reasonable belief can be shown to exist even if an FIR is not yet filed.” In view of these observations, if the FIR is registered on the basis of complaint submitted by Avtar Singh, in that eventuality, three days notice shall be served upon the petitioner before her arrest. Disposed of accordingly. April 29, 2010 (HARBANS LAL) rishu JUDGE