Rajni Bala Alias Bhandari v. Ut, Chandigarh And ORS.

CRWP-412-2024 (O&M) -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRWP-412-2024 (O&M) Date of Decision: 22.08.2024 Rajni Bala alias Bhandari .... Petitioner

Versus

UT, Chandigarh and others .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Ms. Sheenam Kamboj, Advocate for the petitioner. Mr. Rajeev Anand, Addl. P.P., U.T., Chandigarh. **** NIDHI GUPTA , J. (ORAL) Prayer in the present petition under Article 226 of the Constitution of India is for issuance of direction to the respondents No. 1 to 3 to provide the protection to the life and liberty of petitioner from the hands of respondent No. 4.

Learned counsel for the petitioner submits that the petitioner is being beaten up regularly by the accused/respondent No.4 herein. On a Court query put to learned counsel for the petitioner as to whether is there any MLR in respect of said beatings allegedly inflicted upon the petitioner by the accused/respondent No.4, learned counsel for the petitioner submits that there are only photographs depicting the said beatings.

Learned counsel for the U.T., Chandigarh, while referring to the status report dated 14.02.2024 filed by the Deputy Superintendent of Police W & CSU on behalf of respondents No. 1 to 3, submits that the petitioner and accused/respondent No. 4 are husband and wife and DIVYANSHI 2024.08.23 15:57 I attest to the accuracy and integrity of this document

CRWP-412-2024 (O&M) -2residing together in the same house and the alleged incident is of domestic violence. Therefore, both the parties have been called to Women Cell and Child Support Unit, at Women Police Station, Sector 17, Chandigarh for counseling. Besides that, proceedings under Sections 107/151 Cr.P.C. have been initiated, which are now pending before learned Sub Divisional Magistrate, Sector 42, Chandigarh. Learned counsel for the U.T., Chandigarh further points out that the petitioner has an alternative remedy to approach the Magistrate in terms of Sakiri Vasu vs. State of U.P. and others 2008(1) R.C.R.(Criminal) 392. In view of the above, no further directions are required to be issued.

The present petition stands disposed of with liberty to the petitioner to pursue alternative remedy as mentioned above, if so advised. Pending application, if any, stands disposed of. 22.08.2024 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No DIVYANSHI 2024.08.23 15:57 I attest to the accuracy and integrity of this document