Sunil Kumar v. State Of Punjab And Others

CRM-M-8057-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-8057-2022 Date of decision: 24.02.2022 Sunil Kumar

...Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Swarn Tiwana, Advocate for the petitioner(s). Mr. Ajay Pal Singh Gill, DAG, Punjab.

**** ANOOP CHITKARA, J.

Learned counsel for the petitioner has filed this petition for protection of life and liberty as well as for issuance of directions to respondent No.2 to take action on representation dated 04.10.2021 (Annexure P-1). 2.

After arguing for some time, learned counsel on question of misjoinder of prayers, submits that he would confine this petition only to the protection of life and liberty of the petitioner and he would withdraw the petition regarding second prayer with liberty to avail proper legal remedies to address the remaining prayers. 3.

Prayer being innocuous is not opposed by learned State counsel and is granted. 4.

As such this petition is confined to protection of life and liberty of the petitioner, notices served upon the official respondents through the State's counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of notices to the private respondents is required. 5.

If the allegations of apprehension of threat to life turn out to be true, it might lead to an irreversible loss. Thus, in the facts and circumstances peculiar to this case, it shall be appropriate that the concerned Superintendent of Police, SHO, or any officer to whom such powers have been delegated or have been authorized in this regard, provide appropriate protection to the petitioner for one week from today. However, if the petitioner no longer requires the protection, then at their request, it may be discontinued even before the expiry of one week. After that, the concerned officers shall extend the protection on day-to-day analysis of the ground realities or upon the oral or written request of the petitioner.

6.

This protection is subject to the stringent condition that from the time such protection is given, the petitioner shall not go outside the boundaries of the place of ANJU RANI 2022.02.24 16:49 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH

CRM-M-8057-2022 residence, except for medical necessities, to buy household necessities, and forbereavements in the families of the close relatives or close friends. This restriction saves the petitioner from apprehended risk and ensures that the protection is not flaunted.

7.

It is clarified that there is no adjudication on merits and that this order is not a blanket bail in any FIR. It is further clarified that this order shall not come in the way if the interrogation of the petitioner is required in any cognizable case. It shall also be open for the petitioner to approach this Court again in case of any fresh threat perception.

8.

There would be no need for a certified copy of this order, and any Advocate for the Petitioner and State can download this order and other particulars as may be required from the official web page of this Court and attest it to be a true copy. The concerned officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.

Petition is allowed to the extent mentioned above. All pending applications, if any, stand disposed.

(ANOOP CHITKARA) JUDGE 24.02.2022 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2022.02.24 16:49 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH