Satwinder Kaur vs. State Of Haryana And Ors

CRM-M/36299/2020HC Punjab and HaryanaGSTCNR PHHC01089843202005 November 2020Bench: MR. JUSTICE TEJINDER SINGH DHINDSA2 pages
AI SummaryDismissed

Held

The Court dismissed the petition. Regarding the first issue, the Court found the complaint dated 26.05.2020 to be "utterly vague." It noted that the contents of the alleged forged and fake news were not disclosed in the complaint, nor were they appended to the petition. Consequently, the Court held that no intervention was warranted on this ground. Concerning the second issue, the Court found that the pleadings on record were "completely lacking" in terms of any averments regarding an imminent danger to the petitioner's life and liberty. Therefore, no directions could be issued in this regard either. The petition was dismissed in its entirety due to these deficiencies.

Facts

The petitioner, Satwinder Kaur, filed a petition under Section 482 of the Cr.P.C. seeking directions against official respondents to take action against private respondents. The petitioner alleged that she runs a bookshop and that private respondent Sanjay Saini published forged and fake news on social media, damaging her shop's reputation. This allegedly led to a raid concerning GST evasion. The petitioner also sought directions for the protection of her life and liberty from the private respondents. The complaint dated 26.05.2020, submitted to the Chief Minister of Haryana, was not acted upon.

Key Issues

1. Whether the Court should issue directions to official respondents to take action against private respondents based on a complaint alleging defamation and GST evasion, given the vagueness of the complaint and the lack of disclosed material. (Section 482 Cr.P.C.) 2. Whether the Court should issue directions to protect the petitioner's life and liberty from private respondents in the absence of any averments regarding imminent danger. Petitioner's arguments: The petitioner contended that a complaint was filed on 26.05.2020, and no action had been taken by the official respondents. She sought intervention for action against private respondents and protection of her life and liberty. Revenue/State's arguments: The judgment does not record any specific arguments made by the State or official respondents. However, the Court's reasoning implies a lack of sufficient grounds presented by the petitioner to warrant intervention.

Sections Cited

Section 482

AI-generated summary — verify with the full judgment below

107 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-36299-2020(O&M)

Date of Decision: 05.11.2020 Satwinder Kaur ....... Petitioner versus State of Haryana and others

...... Respondents CORAM : HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA *** Present: Mr. Naresh Kumar Ganga, Advocate for the petitioner. *** TEJINDER SINGH DHINDSA,

J. (ORAL)

This case has been taken up through Video Conferencing via Webex facility in the light of Pandemic Covid-19 situation and as per instructions. Instant petition has been filed under Section 482 Cr.P.C.seeking issuance of directions to the official respondents No.2 and 3 for taking action against private respondents No.4 and 5. Counsel submits that a complaint dated 26.05.2020 (Annexure P-2) has been submitted to the Hon'ble Chief Minister of the State of Haryana and yet no action has been taken till date. Counsel has been heard at length. Perusal of the complaint at Annexure P-2 would reveal that the petitioner claims herself to be a lady and belonging to the backward class category and in order to earn livelihood she has started a book shop for selling books and stationery under the name and style of M/s Pear

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