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High Court of Punjab and HaryanaCRWP/1180/2023dismissed

Brij Mohan Suri v. State Of Punjab And Others

2023-04-27Mr. Justice Sanjay Vashisth3 pages

- 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 27.04.2123 Brij Mohan Suri . . . Petitioner(s)

Versus

State of Punjab and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Bhavesh Aggarwal, Advocate for the petitioner(s).

Mr. J.S. Arora, DAG, Punjab assisted by ASI Amarjit Singh.

**** SANJAY VASHISTH , J. (Oral) 1.

Order dated 02.03.2023, says as under:- "

Petitioner - Brij Mohan Suri, aged 56 years, has approached this Court with a prayer to issue a writ in the nature of Mandamus, directing respondents No.2 and 3 to protect the life and liberty of petitioner and his family members at the hands of private respondent No.4, so that they may not become a victim of continuous subjugation and persecution inflicted upon them by respondent No.4. Counsel for the petitioner submits that petitioner has been receiving threats from some persons and in that regard already one representation dated 21.11.2022 (Annexure P-1) to the Commissioner of Police, District Amritsar, through registered post dated 21.11.2022 has been addressed/submitted. Notice of motion for 13.04.2023.

On asking of the Court, Mr. Anmol Singh Sandhu, AAG, Punjab, who is present in Court accepts notice on behalf of respondents No.1 to 3 (State) and seeks time to file status report. Let requisite copies of the complete paper book be supplied to him during course of the day.

It is expected that said report would contain details, if there is any substance of truth on the allegations levelled by the petitioner

- 2 - qua respondent No.4.

Learned State counsel, on instructions from ASI Shiv Kumar, informs that petitioner has already been provided five security personnel along with two patrolling vehicles, however, detailed reply would be filed before the next date of hearing." 2.

Learned State counsel while referring to para No.4 of the status report dated 13.04.2023, points out that in lieu of the alleged threat perception, petitioner Brij Mohan Suri and his family members, have been provided total 09 security personnel. Para Nos. 4 & 5 of the said status report says as under:- "4.

That it is submitted that as per report furnished by SHO of Police Station A-Division, Amritsar City, taking into consideration threat perception to the present petitioner Brij Mohan Suri and his family members, five police personnel (04 Assistant Sub Inspectors and one Head Constable) have been deployed with the present petitioner Brij Mohan Suri for his personal security and 04 more police personnel i.e. 03 Assistant Sub Inspectors and one Constable have been deployed for performing guard duty at his residential address at H.No. 215, Shiwala Colony, Police Station A-Division, Amritsar City. Besides, the Police Post Shiwala Bhaian of Police Station ADivision, Amritsar is situated at a close distance from the house of the present petitioner Brij Mohan Suri. Therefore, the police official posted at Police Post Shiwala Bhaian and police personnel deployed on P.C.R. vehicles also cover security of the present petitioner during patrolling. The SHO of Police Station A-Division, Amritsar also often visits the residence of the present petitioner Brij Mohan Suri.

5.

That in addition to the security provided to the present petitioner Brij Mohan Suri by the Police Department, 16 police personnel i.e. 07 Assistant Sub Inspectors, 05 Head Constables and 04 Constables have also been provided to Manik Suri son

- 3 - of Late Sudhir Suri - brother of the present petitioner Brij Mohan Suri and his family members for their personal security and 05 police personnel i.e. 03 Assistant Sub Inspectors and 02 Constables have been deployed for performing guard duty at their residence."

3.

Learned State counsel, on instructions from ASI Amarjit Singh, further informs the Court that after filing of the aforesaid status report, respondent No.4 has been arrested by the police. 4.

Faced with the said facts, learned counsel for the petitioner seeks withdrawal of present petition.

5.

Dismissed as withdrawn.

(SANJAY VASHISTH) JUDGE April 27, 2123 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No