Sanjay Kumar And ANR v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (128) Date of Decision:- 08.01.2024 Sanjay Kumar and another ......Petitioners

Versus

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

CORAM:

HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. A.S. Gulati, Advocate for the petitioners.

**** ALOK JAIN, J. (Oral) 1.

The present petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing respondents No. 1 to 3 to protect the life and liberty of the petitioners, who got married on 19.12.2023, against the wishes of their parents, who are admittedly living in Uttar Pradesh. 2.

Learned counsel for the petitioner submits that the petitioners are receiving threat calls from the parents of petitioner No. 2; however, certain relatives whose names are not known to the petitioners are residing in their vicinity due to which the present petition has been filed. 3.

Notice of motion to respondents No. 1 to 3.

4.

On asking of the Court, Mr. Siddharth Attri, AAG, Punjab, who is present in the Court, accepts notice on behalf of State/respondents No.1 to 3.

5.

Considering the nature of the order being passed, there is no necessity to serve the private respondents or to seek a reply from any of the respondents.

6.

In light of the above, the petition is disposed of with a direction to respondents No.2- Senior Superintendent of Police, District Nagar (Mohali), Punjab, to take into consideration the request of the petitioners made vide representation dated 04.01.2024 (Annexure P-4) and take necessary action, in accordance with law. 7.

It is made clear that the filing of this petition or any order passed herein does not approve or disapprove the relationship/marriage of the petitioners and is not a stamp by the Court qua their relationship/marriage as this petition is considered only for the purpose of ensuring the protection of life and liberty of petitioners being citizen of this country and for no other reason.

8.

This order shall not operate as an alibi or defence to any proceedings which might be pending or may arise against the petitioners. Although, the State is duty bound to protect its citizens and only with the said motive, the present order/directions have been passed. 9.

It is made clear to the petitioners that, in case, any averment made in this petition or in the representation dated 04.01.2024 (Annexure P-4) is found to be incorrect, the State Authorities are directed to take appropriate action, in accordance with law.

10.

However, since, this petition is being disposed of in limine, therefore, copy of the complete paper book be sent through registered post to respondents No. 4 to 6 as there is serious doubt with regard to their being even aware about the act and conduct of their children and respondent No. 3-Station House Officer, Police Station Kumbra, District SAS Nagar

(Mohali), Punjab, shall personally talk and apprise respondents No. 4 to 6 on telephone in presence of the petitioners who will come present on 12.01.2024 at 11:00 A.M. before the concerned SHO. (ALOK JAIN) JUDGE January 08, 2024 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No