Manjit Kaur v. State of Punjab (SC) BS192507

Manjit Kaur v. State of Punjab (SC) BS192507 SUPREME COURT OF INDIA

Before:- P. Venkatarama Reddi and A.K. Mathur, JJ.

Criminal Appeal No. 303 of 2005 (Arising out of SLP (Crl.) No. 5277 of 2004) D/d. 14.2.2005.

Manjit Kaur - Appellant

Versus

State of Punjab & others - Respondents

Criminal Procedure Code, 1973, Section 482 - Petition seeking investigation into complaint - Disposed by a cryptic and unreasoned order - Matter remitted to High Court for fresh disposal with a direction to pass a reasoned order.

[Paras 4 and 5]

ORDER

P. Venkatarama Reddi, J. - Delay condoned.

2. Leave granted.

3. In a petition filed under Section 482 Criminal Procedure Code in the High Court of Punjab and Haryana, the appellant had prayed for a direction to the respondents to investigate the complaint dated 30-9-2003 lodged with the SSP, Batala and for taking action in accordance with law against the accused persons. The High Court disposed of the petition by a cryptic order which reads as follows:

"In view of the reply filed by Respondent 2 along with the report Annexure R-1, no direction is required to be issued to the petitioner. However, the petitioner is given liberty to avail his remedy of private complaint. Dismissed."

4. On a reading of the order the reasons which weighed with the High Court in dismissing the petition are not clear. There is also no apparent reason for making an observation that the petitioner shall be given liberty to file a private complaint. A reading of the reply filed by Respondent 2 Deputy Commissioner, Gurdaspur does not spell out in clear terms what action has been taken and proposed to be taken. The least the High Court should have done, in the circumstances of the case, was to pass a reasoned order.

5. After hearing the counsel for the parties, we consider it just and proper to set aside the impugned order of the High Court and remit the matter to the High Court for fresh disposal of Criminal Misc. Petition No. 59048-M of 2003. The High Court shall pass a reasoned order as expeditiously as possible.

6. The appeal is disposed of accordingly.