P&H High Court Dismisses Plea Seeking SIT Probe After Woman Alleged To Be Murdered Found Alive

The Punjab and Haryana High Court has dismissed a petition seeking directions for a status report and constitution of a Special Investigation Team (SIT) in connection with the alleged missing and suspected murder of a woman, Devinder Kaur, after finding that she is alive and residing in Canada. [2025 LiveLaw (PH) 219]Justice Surya Partap Singh said, "this plea of petitioner is not sustainable at all, that there has been any laxity or deliberate attempt on the part of the respondents not to prosecute 'Balbir Singh' for the murder of 'Devinder Kaur'. Since 'Devinder Kaur' is still alive, the question of prosecution of anybody for the murder of 'Devinder Kaur' does not arise at all."The petition was filed under Section 482 of the Criminal Procedure Code, invoking the Court's inherent jurisdiction for issuance of directions to the State authorities to trace Devinder Kaur or to conduct a fresh probe into her alleged disappearance.The petitioner contended that his sister Harpal Kaur was married to Balbir Singh in 1978, and their daughter Devinder Kaur was born out of the wedlock. It was alleged that Balbir Singh later settled in Germany in 1985 and contracted a second marriage without informing his first wife and daughter, leading to strained relations.According to the petitioner, in 2012, Balbir Singh allegedly conspired to solemnize Devinder Kaur's marriage with Jagmohan Singh without informing her maternal family. It was further alleged that in January 2013, following the death of Balbir Singh's father, family members discovered that Harpal Kaur and Devinder Kaur were missing.A missing report lodged on 03.02.2013 at Police Station in Ludhiana, was later converted into FIR under Sections 302, 201, and 34 IPC, primarily concerning the alleged murder of Harpal Kaur. The petitioner alleged that Devinder Kaur was also missing and possibly murdered, but the police failed to properly investigate her disappearance.The plea further alleged that despite the lapse of over a decade, the investigating agency failed to trace Devinder Kaur or prosecute the accused, including Balbir Singh and Sarabjit Singh, for her alleged murder. It was also contended that the police relied on an implausible version given by her husband that she fled from a bus stand after hitting him with a bag.Senior counsel for the petitioner argued that the case reflects gross negligence and a lackadaisical approach on the part of the investigating agency. It was submitted that despite the filing of a missing report, the authorities neither traced Devinder Kaur nor investigated the possibility of her murder.The petitioner also questioned the credibility of the State's claim that Devinder Kaur is alive and settled in Canada, arguing that no concrete proof of her current address was provided and that the theory was an afterthought to cover up investigative lapses.Opposing the petition, the State submitted that the investigation was conducted fairly and that Devinder Kaur is alive and residing in Canada. It was argued that the petition was based on false and misleading assertions.The State relied on a status report and an affidavit filed by a senior IPS officer, which detailed steps taken to verify Devinder Kaur's identity and whereabouts. These included verification of her passport and immigration records, statements of close relatives, and WhatsApp video calls conducted in the presence of police officials.According to the State, records showed that Devinder Kaur was issued a passport in 2012, renewed it in Canada in 2022, and had travelled between India and Canada on multiple occasions, including visits in 2016 and 2024. Her identity was also confirmed during video calls by her maternal aunt and cousin.After examining the record, the Court found that the investigating agency had undertaken comprehensive efforts to ascertain the whereabouts of Devinder Kaur.The Court noted that the affidavit of the senior police officer was supported by documentary evidence, including passport and immigration records, as well as statements of close relatives who confirmed her identity during video calls.Observing that there was no material to disbelieve the State's version, the Court held that the petitioner's claim that Devinder Kaur had been murdered was merely speculative and unsupported by evidence.The Court further held that since Devinder Kaur is alive, the question of prosecuting any person for her murder does not arise.In view of the above findings, the Court held that the petition was devoid of merit and did not warrant further investigation or constitution of an SIT. Accordingly, the petition was dismissed, along with all pending applications.Mr. Jasdeep S. Gill, Sr. Advocate with Ms. Harleen Kaur, Advocate for the petitioner.Mr. J.S. Thind, DAG, Punjab.Mr. Amandeep Singh Rai, Advocate for Mr. Balbir Singh (brother-in-law of petitioner)Title: ATMA SINGH v.STATE OF PUNJABClick here to read order

P&H High Court Dismisses Plea Seeking SIT Probe After Woman Alleged To Be Murdered Found Alive

Aiman J. Chishti

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Aiman J. Chishti

P&H High Court Dismisses Plea Seeking SIT Probe After Woman Alleged To Be Murdered Found Alive

Aiman J. Chishti

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Aiman J. Chishti

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