Petition seeking investigation into the alleged murder of Devinder Kaur dismissed after evidence confirms her presence in Canada.
In a significant ruling, the Punjab and Haryana High Court dismissed a petition filed by Atma Singh, seeking an investigation into the alleged murder and disappearance of his niece, Devinder Kaur. The court, presided over by Justice Surya Partap Singh, concluded that Devinder Kaur is alive and currently residing in Canada, based on credible evidence presented during the proceedings.
The petitioner, Atma Singh, had alleged that his niece, Devinder Kaur, was missing and possibly murdered by her father, Balbir Singh, and others. This claim was rooted in a complex family dispute dating back to 1985 when Balbir Singh settled in Germany and remarried. Atma Singh further claimed that the police investigation into the disappearance of Devinder Kaur was inadequate and sought the court's intervention for a thorough investigation or the formation of a Special Investigation Team (SIT).
However, the court found that there was substantial evidence proving that Devinder Kaur is alive. The evidence included a video call verification conducted by the police, passport records, and statements from close relatives, all confirming her presence in Canada. The court noted that the investigation was conducted fairly and impartially, dismissing the petition as devoid of merit.
Justice Surya Partap Singh emphasized that the extraordinary jurisdiction of the court under Section 482 of the Criminal Procedure Code was not warranted in this case, as the whereabouts of Devinder Kaur had been established. The court also highlighted that since Devinder Kaur is alive, the accusations of murder against Balbir Singh and others could not stand.
In his affidavit, Senior IPS Officer Dr. Ankur Gupta confirmed that Devinder Kaur was verified to be living in Canada through video calls and passport records. The court acknowledged the thorough verification process conducted by the police, including statements from Devinder Kaur's maternal aunt and cousin, who confirmed her identity during a video call.
The court's decision has brought an end to a long-standing family dispute and upheld the integrity of the police investigation. The dismissal of this petition reinforces the necessity of credible evidence in pursuing legal claims and the importance of thorough investigations by law enforcement agencies.
Bottom line:-
Petition seeking investigation into alleged murder and missing of 'Devinder Kaur' dismissed due to verification of her presence in Canada, supported by credible evidence including video calls, passport records, and statements of close relatives.
Statutory provision(s): Section 482 of the Criminal Procedure Code, 1973
Atma Singh v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2935149
