Kuldip Kaur v. State Of Punjab And Others

2023:PHHC:099615

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-101-2022 Date of Decision: 03.08.2023 Kuldip Kaur ......... PeƟƟoner

Versus

State of Punjab and others ......... Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. S.S. Swaich, Advocate for the peƟƟoner.

Mr. Karunesh Kaushal, AAG, Punjab.

**** ANOOP CHITKARA, J. (ORAL) The present peƟƟon has been filed under ArƟcle 226 of the ConsƟtuƟon of India for issuance of direcƟons to respondents No. 1 to 4 to protect the life, liberty and property of the peƟƟoner and for issuance of further direcƟons to respondents No. 1 to 4 to take immediate acƟon and conduct a free, fair, transparent, independent and imparƟal invesƟgaƟon aŌer registraƟon of FIR into the occurrence dated 08.06.2021. 2.

The present peƟƟon bears the date 21.12.2021. 3.

Counsel for the peƟƟoner submits that due to efflux of Ɵme, threat percepƟons for the Ɵme being vanished. However, he seeks liberty to seek protecƟon in case need arises and for remaining reliefs, he be permiƩed to file a fresh representaƟon and the said representaƟon be decided in a Ɵme bound manner. 3(a).

Let the peƟƟoner represent the concerned Senior Superintendent of Police/ Commissioner of Police, within two weeks from today. If the peƟƟoner files a representaƟon with in the above-menƟoned Ɵme period of two weeks, then, the same shall be decided by the concerned Senior Superintendent of Police/ Commissioner of Police, within two months, either himself/herself or by authorizing and delegaƟng it to any officer holding IPS cadre. It is clarified that such order must be a reasoned order, and the same be communicated to counsel for the peƟƟoner as well as representaƟonists without delay. Counsel for the peƟƟoner is requested to menƟon his email id in the representaƟon on which, the State shall convey the outcome of the representaƟon. JYOTI 2023.08.04 13:07 I attest to the accuracy and integrity of this order/judgment.

CRWP-101-2022 -22023:PHHC:099615 4.

Liberty reserved to the peƟƟoner to file fresh peƟƟon or to take other legal remedies in accordance with the law.

5.

It is clarified that there is no adjudicaƟon on merits. It is further clarified that this order shall not come in the way if the interrogaƟon of the peƟƟoner is required in any cognizable case.

6.

There would be no need for a cerƟfied copy of this order, and any Advocate for the PeƟƟoner and State can download this order and other relevant parƟculars from the official web page of this court and aƩest it to be a true copy. The concerned officer can also verify its authenƟcity and may download and use the downloaded copy for immediate use. PeƟƟon is disposed of with the aforesaid observaƟons. Liberty reserved to the peƟƟoner to seek protecƟon, in case, need arises. All pending applicaƟons, if any, stand disposed.

(ANOOP CHITKARA) JUDGE 03.08.2023 JyoƟ-II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2023.08.04 13:07 I attest to the accuracy and integrity of this order/judgment.