SHARANJIT KAUR Vs. STATE OF PUNJAB
LAWS(SC)-2013-7-25
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on July 01,2013

SHARANJIT KAUR Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) These appeals are filed against the final judgment and orders dated 23.07.2012 and 07.11.2012 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Misc. No. M-21109 of 2012 and Criminal Writ Petition No. 1843 of 2012 respectively whereby the High Court dismissed the petitions filed by the appellants herein.
(3.) Brief facts: a) On 03.04.2012, a First Information Report (FIR) being No. 17 was lodged by one Kahan Singh, r/o Village Chugawan Roopamali, Kathunangal, Amritsar, against Sharanjit Kaur, Mukhtiar Singh, Manjit Kaur and Kirandeep @ Mandeep Kaur, r/o Village Mann, Tehsil and District Amritsar, at P.S. Kathunangal, Amritsar under Section 420 of the Indian Penal Code, 1860 (in short "IPC") alleging embezzlement of Rs. 30 lakhs on the pretext of sending his son-Gurpreet Singh to America for a permanent job for which he paid the above said amount in several instalments to the accused persons. It was also alleged in the complaint that on failure to honour the promise, the appellants issued a cheque of Rs. 30 lakhs to the complainant bearing No. 534873 dated 23.02.2012, which got dishonoured due to insufficient funds. b) Against the said FIR, Manjit Kaur and Mandeep Kaur filed an application for anticipatory bail being No. 6148 of 2012 and Sharanjit Kaur and Mukhtiar Singh also filed a similar application being No. 7617 of 2012 under Section 438 of the Code of Criminal Procedure, 1973 (in short "the Code") before the Additional Session Judge, Amritsar which were dismissed vide orders dated 19.04.2012 and 18.05.2012 respectively. c) Aggrieved by the orders dated 18.05.2012 and 19.04.2012, Sharanjit Kaur and Mukhtiar Singh filed Criminal Misc. No. M-21109 of 2012 and Manjit Kaur and Mandeep Kaur filed Criminal Misc. No. M-12763 of 2012 before the High Court for anticipatory bail which were dismissed by orders dated 23.07.2012 and 03.05.2012 respectively. d) Against the said order, Manjit Kaur and Mandeep Kaur preferred Special Leave Petition No. 4932 of 2012 before this Court. Vide order dated 20.07.2012, this Court, dismissed the same. e) Being aggrieved by the order dated 23.07.2012, the co-accused Sharanjit Kaur and Mukhtiar Singh filed Special Leave Petition No. 6746 of 2012 before this Court. Vide order dated 21.09.2012, while issuing notice, this Court stayed the arrest of the co-accused. f) In the meantime, Manjit Kaur and Mandeep Kaur again moved a petition being Criminal Writ Petition No. 1843 of 2012 before the High Court praying for an order restraining their arrest in view of the Punjab Panchayati Raj Act, 1994 being a Special Act applicable to the offences leveled against them. g) By order dated 07.11.2012, the High Court dismissed the Criminal Writ Petition No. 1843 of 2012 filed by the appellants herein. h) Questioning the order dated 07.11.2012, the appellants, viz., Manjit Kaur and Mandeep Kaur, filed Special Leave Petition No. 9690 of 2012 before this Court.;


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