Manisha Rani And ANR v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Criminal Writ Petition No. 995 of 2022 (O&M) Date of Decision: 03.02.2022 Manisha Rani and another .......... Petitioners

Versus

State of Punjab and others .......... Respondents CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR

Present:

Mr. Amandeep Singh, Advocate for the petitioners. Mr. Bhupender Beniwal, Assistant Advocate General, Punjab for official respondent Nos. 1 to 3.

Mr. Jagjit Singh Chatrath, Advocate for private respondent Nos. 4 to 6.

(Through Video Conferencing) **** SURESHWAR THAKUR, J. (ORAL) 1.

The present petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of a mandamus, hence directing respondent Nos. 2 & 3 to give protection to the life and liberty of the petitioners, and against any interference in the peaceful life of the petitioners being made at the behest of respondent Nos. 4 to 6. 2.

The learned State Counsel, does not have any objection, to an order being made by this Court to respondents concerned, to look into and decide through a speaking order, representation Annexure P-5. 3.

Consequently, this Court directs respondents concerned, to within three weeks hereafter, hence decide Annexure P-5, through a speaking order.

DINESH KUMAR 2022.02.03 15:53 I attest to the accuracy and authenticity of this document

C.R.W.P. No. 995 of 2022 (O&M) -24.

However, in case any complaint is made by the parents of petitioner No. 1 - Manisha Rani, against co-petitioner No. 2 / Harwinder Singh (husband), containing therein allegations qua the latter abducting their daughter. Therefore, the Investigating Officer concerned, shall collect credible evidence qua her date of birth, comprised in the date of birth certificate of co-petitioner No. 2, as maintained in the Office of Registrar (Birth & Deaths) concerned. In case the afore reveals, that the above is a minor, then he shall proceed to draw appropriate proceedings in accordance with law, but may not arrest co-petitioner No. 2, without issuing a seven days notice, upon him.

5.

In case, no incriminatory evidence with respect to the minority at the relevant time of co-petitioner No. 1 is available, thereupon, the Investigating Officer concerned, may not draw any action against the errant concerned.

6.

Petition is disposed of.

7.

A copy of this order be given dasti on payment of usual charges.

February 03, 2022 ( SURESHWAR THAKUR ) 'dk kamra'

JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2022.02.03 15:53 I attest to the accuracy and authenticity of this document