The High Court
Case Details
CRM-M-59225 59225-2025 IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH AT CHANDIGARH - -1- 252 CR CRM-M-59225-2025 Date of decision: 28.11.2025 Date of decision: MANPREET KAUR MANPREET KAUR PUNJAB STATE OF PUNJAB Versus Petitioner ….Petitioner ....Respondent ....Respondent
Legal Reasoning
CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Mr. Sushant Kareer, Advocate, for the petitioner. for the petitioner. Mr. Adesh Pal Singh, AAG, Punjab. Mr. Adesh Pal Singh, AAG, Punjab Mr. Adesh Pal Singh, AAG, Punjab ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL) 1. Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner FIR No. 187 dated 16.06.2025 under Sections seeks anticipatory bail in case FIR No. 187 dated 16.06.2025 under Sections FIR No. 187 dated 16.06.2025 under Sections seeks anticipatory bail in case 406, 420 and 120-B Indian Penal Code, Police 406, 420 and 120 Station Division No. 5, District B Indian Penal Code, Police Station Division No. 5, District Ludhiana. 2. On 22.10.2025, following order had been passed: On .2025, following order had been passed: - Petitioner seeks anticipatory bail in case arising out of FIR No. “Petitioner seeks anticipatory bail in case arising out of FIR No. Petitioner seeks anticipatory bail in case arising out of FIR No. “ B Indian 187 dated 16.06.2025 under Sections 406, 420 and 120-B Indian 187 dated 16.06.2025 under Sections 406, 420 and 120 187 dated 16.06.2025 under Sections 406, 420 and 120 vision No. 5, District Ludhiana. Penal Code, Police Station Division No. 5, District Ludhiana. vision No. 5, District Ludhiana. Penal Code, Police Station Di This is the first petition for anticipatory bail. This is the first petition for anticipatory bail. This is the first petition for anticipatory bail. Learned counsel for the petitioner submits that the Learned counsel for the petitioner submits that the Learned counsel for the petitioner submits that the agreement to sell said to be executed between the complainant agreement to sell said to be executed between the complainant agreement to sell said to be executed between the complainant agreement to sell said to be executed between the complainant ted in and husband of the petitioner besides two others, was executed in and husband of the petitioner besides two others, was execu and husband of the petitioner besides two others, was execu the year 2011. In 2020, the complainant moved a complaint to the year 2011. In 2020, the complainant moved a complaint to the year 2011. In 2020, the complainant moved a complaint to GURPREET 2025.12.03 16:18 I attest to the accuracy and authenticity of this document. CRM-M-59225 59225-2025 - -2- the Commissioner of Police, Ludhiana. The matter was enquired the Commissioner of Police, Ludhiana. The matter was enquired the Commissioner of Police, Ludhiana. The matter was enquired the Commissioner of Police, Ludhiana. The matter was enquired into but police took no action as the matter related to a property into but police took no action as the matter related to a property into but police took no action as the matter related to a property into but police took no action as the matter related to a property complaint dispute. In the year 2023, again complainant filed a complaint dispute. In the year 2023, again complainant filed a dispute. In the year 2023, again complainant filed a which was enquired into by Assistant Commissioner of Police, which was enquired into by Assistant Commissioner of Police, which was enquired into by Assistant Commissioner of Police, which was enquired into by Assistant Commissioner of Police, West, Ludhiana. It was again concluded that the matter West, Ludhiana. It was again concluded that the matter West, Ludhiana. It was again concluded that the matter West, Ludhiana. It was again concluded that the matter concerned a property dispute between the parties, was of civil in concerned a property dispute between the parties, was of civil in concerned a property dispute between the parties, was of civil in concerned a property dispute between the parties, was of civil in nature and there was no criminal wrongdoing. Accordingly, the nature and there was no criminal wrongdoing. Accordingly, the nature and there was no criminal wrongdoing. Accordingly, the nature and there was no criminal wrongdoing. Accordingly, the mplaint was filed under signatures of Commissioner of Police, complaint was filed under signatures of Commissioner of Police, mplaint was filed under signatures of Commissioner of Police, co Ludhiana. The case was registered after two complaints were Ludhiana. The case was registered after two complaints were Ludhiana. The case was registered after two complaints were Ludhiana. The case was registered after two complaints were filed, after much delay. Learned counsel further submits that filed, after much delay. Learned counsel further submits that filed, after much delay. Learned counsel further submits that filed, after much delay. Learned counsel further submits that petitioner was not a signatory to the disputed agreement to sell petitioner was not a signatory to the disputed agreement to sell petitioner was not a signatory to the disputed agreement to sell petitioner was not a signatory to the disputed agreement to sell only allegation against her was that she was purchaser and the only allegation against her was that she was purchaser only allegation against her was that she was purchaser and the of complainant’s factory on the basis of power of attorney of complainant’s factory on the basis of power of attorney of complainant’s factory on the basis of power of attorney of complainant’s factory on the basis of power of attorney executed by the complainant in favour of her husband. Referring executed by the complainant in favour of her husband. Referring executed by the complainant in favour of her husband. Referring executed by the complainant in favour of her husband. Referring 2, it is argued that to the copy of agreement to sell Annexure P-2, it is argued that to the copy of agreement to sell Annexure P to the copy of agreement to sell Annexure P recital in the agreement to sell regarding the there was no recital in the agreement to sell regarding the recital in the agreement to sell regarding the there was no crores, the sale consideration of the adjustment of Rs. 1.03 crores, the sale consideration of the crores, the sale consideration of the adjustment of Rs. 1.03 factory, against the earnest money of Rs. 1.8 crores. It is argued factory, against the earnest money of Rs. 1.8 crores. It is argued factory, against the earnest money of Rs. 1.8 crores. It is argued factory, against the earnest money of Rs. 1.8 crores. It is argued that though the target date for execution of the sale deed was that though the target date for execution of the sale deed was that though the target date for execution of the sale deed was that though the target date for execution of the sale deed was ded upto 11.08.2011, 11.09.2011, 05.09.2012, 11.06.2011, extended upto 11.08.2011, 11.09.2011, 05.09.2012, ded upto 11.08.2011, 11.09.2011, 05.09.2012, 11.06.2011, exten 01.03.2013, till now, no suit for specific performance of the 01.03.2013, till now, no suit for specific performance of the 01.03.2013, till now, no suit for specific performance of the 01.03.2013, till now, no suit for specific performance of the agreement to sell was filed. It is argued that the matter between agreement to sell was filed. It is argued that the matter between agreement to sell was filed. It is argued that the matter between agreement to sell was filed. It is argued that the matter between the parties was essentially of a civil nature, given colour of the parties was essentially of a civil nature, given colour of the parties was essentially of a civil nature, given colour of the parties was essentially of a civil nature, given colour of y to exert pressure. Petitioner who had clean criminal offence only to exert pressure. Petitioner who had clean y to exert pressure. Petitioner who had clean criminal offence onl antecedents was ready and willing to join investigation. antecedents was ready and willing to join investigation. antecedents was ready and willing to join investigation. Notice of motion. Mr. Hardeep Singh Wadhwa, DAG Punjab, who is present Mr. Hardeep Singh Wadhwa, DAG Punjab, who is present Mr. Hardeep Singh Wadhwa, DAG Punjab, who is present State and in the Court accepts notice on behalf of respondent-State and in the Court accepts notice on behalf of respondent in the Court accepts notice on behalf of respondent file the status report. seeks some time to file the status report. seeks some time to In the meantime, in the event of arrest, the petitioner shall In the meantime, in the event of arrest, the petitioner shall In the meantime, in the event of arrest, the petitioner shall be released on interim anticipatory bail subject to her furnishing be released on interim anticipatory bail subject to her furnishing be released on interim anticipatory bail subject to her furnishing be released on interim anticipatory bail subject to her furnishing personal and surety bonds personal and surety bonds personal and surety bonds personal and surety bonds to to to to the satisfaction of the satisfaction of the satisfaction of the satisfaction of the the the the Arresting/Investigating Officer. Petitioner shall join Arresting/Investigating Officer. Petitioner shall join Arresting/Investigating Officer. Petitioner shall join GURPREET 2025.12.03 16:18 I attest to the accuracy and authenticity of this document. CRM-M-59225 59225-2025 as and when called upon to do so and shall abide investigation as and when called upon to do so and shall abide as and when called upon to do so and shall abide investigation by the conditions as envisaged under Section 482(2) of Bharatiya by the conditions as envisaged under Section 482(2) of Bharatiya by the conditions as envisaged under Section 482(2) of Bharatiya by the conditions as envisaged under Section 482(2) of Bharatiya - -3- Nagarik Suraksha Sanhita, 2023. Nagarik Suraksha Sanhita, 2023. Nagarik Suraksha Sanhita, 2023. List again on 27.11.2025. Status report in the matter be filed on the date fixed.” Status report in the matter be filed on the date fixed. 3. the petitioner submits that in compliance of Learned counsel for the petitioner submits that in compliance of the petitioner submits that in compliance of Learned counsel for .2025 passed by this Court, the petitioner has joined the the order dated 22.10.2025 passed by this Court, the petitioner has joined the .2025 passed by this Court, the petitioner has joined the the order dated investigation. investigation. 4. HC Shakti Learned counsel for the State, on instructions from HC Shakti Learned counsel for the State, on instructions from Learned counsel for the State, on instructions from Kumar, has submitted that the petitioner has joined the investigation and is no , has submitted that the petitioner has joined the investigation and is no joined the investigation and is no longer required for further investigation. longer required for further investigation. 5. In view of the statement made by learned State counsel, the In view of the statement made by learned State counsel, the In view of the statement made by learned State counsel, the In view of the statement made by learned State counsel, the .2025 is made absolute. The petitioner shall continue interim order dated 22.10.2025 is made absolute. The petitioner shall continue .2025 is made absolute. The petitioner shall continue interim order dated called by the Investigating Officer and shall to join investigation, as and when called by the Investigating Officer and shall called by the Investigating Officer and shall to join investigation, as and when also abide by the conditions as provided under Section 482(2) of the BNSS. also abide by the conditions as provided under Section 482(2) of the BNSS. also abide by the conditions as provided under Section 482(2) of the BNSS. 28.11.2025 Gurpreet (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No GURPREET 2025.12.03 16:18 I attest to the accuracy and authenticity of this document.