Payal And Another v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Criminal Writ Petition No. 1138 of 2022 (O&M) Date of Decision: 08.02.2022 Payal and another .......... Petitioners

Versus

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

Present:

Mr. Bhupender Singh, Advocate for the petitioners. Mr. Pradeep Prakash Chahar, Deputy Advocate General, Haryana (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.

4.

However, in case any complaint is made by the parents of petitioner No. 1 - Payal, against co-petitioner No. 2 / Amit Kumar (husband), containing therein allegations qua the latter abducting their DINESH KUMAR 2022.02.08 16:00 I attest to the accuracy and authenticity of this document daughter. Therefore, the Investigating Officer concerned, shall collect

C.R.W.P. No. 1138 of 2022 (O&M) -2credible evidence qua her date of birth, comprised in the date of birth certificate of co-petitioner No. 1, 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 08, 2022 ( SURESHWAR THAKUR ) 'dk kamra'

JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2022.02.08 16:00 I attest to the accuracy and authenticity of this document