High Court Punjab-Haryana High Court

Raj Rani vs State Of Punjab on 30 November, 2009

Punjab-Haryana High Court
Raj Rani vs State Of Punjab on 30 November, 2009
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