Mohd Sahil And Another v. State Of Haryana And Others


 

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-334-2024 (O&M) Date of decision : 12.02.2024 MOHD SAHIL AND ANOTHER ....Petitioners

Versus

STATE OF HARYANA AND OTHERS ....Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Ms. Kusum Raj, Advocate for the petitioners.

Mr. Gaurav Bansal, DAG, Haryana.

Mr. Arjun Dhingra, Advocate for respondents No.11 to 16. PANKAJ JAIN, J. (ORAL) Status report by way of affidavit of Narendra Bijarniya, IPS, Superintendent of Police, Nuh has been filed today in Court, which is taken on record. Copy supplied.

2.

As per the status report it has been specifically averred as under :

"5.

That it is humbly submitted that after receiving the aforesaid order an enquiry was got conducted through SHO PS Sadar Tauru regard to threat perception and during the course of enquiry, it was found that the private respondents No. 4 to 16 have already been joined and their statements have also been recorded in which they have stated that the petitioners are major and they can reside anywhere at their free will and the private respondents did not create any danger to the life and liberty of the petitioners.

6.

The local police is always ready to provide the police protection to the petitioners as and when required them. However, the petitioners are at liberty to take protection and when required to them if they face any danger to their life and liberty at the hands of private respondents No. 4 to 16 and all the private respondents have been counseled not to take law in their Deepak Kumar 2024.02.13 14:28 I attest to the accuracy and integrity of this document

CRWP-334-2024 (O&M) -22024:PHHC:019029 hands as local police will conduct investigation in fair and impartial manner.

7.

The local police is making serious and sincere efforts to trace out the girl in the present case and investigation is being conducted fairly, properly and transparently by the local police and the girl will be recovered in the present case as early as possible in accordance with law. However, learned counsel for the petitioners told Investigation officer telephonically that both petitioners will be produced before the Hon'ble High Court on next date of hearing i.e. 12.02.24."

3.

On being asked, counsel for the petitioners does not deny the conversation with the police authorities however submits that the representation (Annexure P-3) submitted by the petitioners be decided. 4.

In the considered opinion of this Court, the matter relates to life of the petitioners who belong to different faiths. Petitioners are directed to appear before respondent No.2.

5.

Counsel for the petitioners submits that both the petitioners will appear before the concerned Superintendent of Police tomorrow i.e. 13th of February, 2024.

6.

Respondents No.11 to 16 undertake that they will not create any hindrance or ruckus.

7.

Respondent No.2. shall hear the petitioners and decide their representation after assessing the threat perception and shall act in accordance with law.

8.

Petition is disposed off accordingly.

9.

Pending application, if any, shall also stand disposed off. February 12, 2024 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Deepak Kumar 2024.02.13 14:28 I attest to the accuracy and integrity of this document