IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl.Misc.No.M-27589 of 2009 (O&M)
Date of decision : 30.11.2009
Raj Rani
....Petitioner
Versus
State of Punjab
...Respondent
CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
....
Present: Mr.S.S.Narula, Advocate
for the petitioner.
Mr.M.S.Sindhu, Addl.A.G., Punjab
for the State.
....
MAHESH GROVER, J.
This is a petition under Section 438 Cr.P.C. wherein the
learned counsel for the petitioner contended that the husband of the
petitioner had disappeared about 7-8 years back and the complaint has
been lodged now by one of the relations. He further contended that
the petitioner had been residing satisfactorily with her children and
the dead body has still not been recovered which implied that the
question whether he is dead or not is yet to be established.
Noticing this contention, this Court on 5.10.2009 had
granted interim protection to the petitioner subject to the condition
that she complies with the provisions of Section 438(2) Cr.P.C.
Crl.Misc.No.M-27589 of 2009 (O&M) -2-
It has now been contended by the learned counsel for the
petitioner that the petitioner has since joined the investigation which
fact has not been controverted by the learned counsel appearing for
the State on instructions from HC Gurdev Singh.
Having regard to the aforesaid, the present petition is
allowed and the interim directions dated 5.10.2009 are hereby made
absolute till the filing of the challan subject to the condition that the
petitioner continues to comply with the provisions of Section 438(2)
Cr.P.C.
30.11.2009 (MAHESH GROVER)
JUDGE
dss