Kamlesh Aggarwal And ANR v. State Of Punjab And ORS

2024:PHHC:006942

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-485-2024 Date of Decision : January 19, 2024 KAMLESH AGGARWAL AND ANR -PETITIONERS V/S STATE OF PUNJAB AND ORS -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Ravi Chadda, Advocate for the petitioners.

Mr. Jashandeep Singh, A.A.G., Punjab.

*** KULDEEP TIWARI, J. (ORAL) 1.

Through the instant criminal writ petition, the petitioners have craved for issuance of directions upon the respondent No.2, to ensure protection of their lives and liberty, at the hands of respondents No.3 and 4, who have been threatening and disrespecting them. In addition, the petitioners have also sought issuance of directions upon the respondent No.2 to take action on their representation dated 22.12.2023 (Annexure P-1).

2.

The learned counsel for the petitioners, in his asking for the relief (supra), has submitted that since the son of the petitioners has been arrayed as an accused in the FIR No.37 dated 24.10.2018, under Sections 420, 34 of the IPC, and, Section 66 of the Information Technology Act, 2000, and, he is absconding, therefore, the respondents No.3 and 4, under the garb of investigation, have been causing harassment to the petitioners. He has further submitted that neither the petitioners have any concern or DEVINDER YADAV 2024.01.20 11:41 I attest to the accuracy and authenticity of this order/judgment

CRWP-485-2024 2024:PHHC:006942 connection with their absconding son, nor they are providing any shelter to him.

3.

The learned State counsel, who is in receipt of advance notice, has, on instructions imparted to him by S.I. Balwinder Singh, informed this Court that the police officials had conducted raids at the house of the petitioners only to trace the whereabouts of their absconding son, against whom proclamation proceedings have been issued, and, there has been no intention to cause any harassment to the petitioners. He has further submitted that the police officials concerned will, in future, ensure that no harassment or inconvenience is caused to the petitioners, owing to their raids, which shall only be conducted if there arises any apprehension that the absconding son of the petitioners is hiding in the house of the petitioners. He has further assured that raid, if any, will be conducted only after following mandatory procedure of law.

4.

In view of the submissions and assurance made hereinabove by the learned State counsel, no interference of this Court is required. 5.

Disposed of accordingly.

(KULDEEP TIWARI) January 19, 2024 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2024.01.20 11:41 I attest to the accuracy and authenticity of this order/judgment