High Court of Punjab and HaryanaCRWP/1760/2021dismissed

Shivani v. State Of Punjab And ORS

2021-02-22Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-1760-2021 Decided on : 22.02.2021 Shivani . . . Petitioner(s)

Versus

State of Punjab and others . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Balsher Singh, Advocate for the petitioner(s).

**** MANJARI NEHRU KAUL , J. (Oral) The petitioner has approached this Court under Article 226 of the Constitution of India, seeking issuance of a writ in the nature of Mandamus for directing respondents No.2 to 4 to protect her life and liberty, as she has been receiving threats of dire consequences from the private respondents, who are her father and close relatives, ever since, she moved out of her parental house and started living with her brother-in-law - Amarpal Singh (sister's husband).

It has been submitted that she along with Amarpal Singh have been living together of their free will ever since her sister left the company of Amarpal Singh. It has been further submitted that being a major, she is entitled to live with whosoever she wishes and hence, she be extended protection as prayed for.

The learned counsel for the petitioner has also invited the attention of this Court to the representation dated 11th February, 2021 (Annexure P-2), made to the Sr. Superintendent of Police, Hoshiarpur. However, a perusal of the said representation reveals that she has signed as JAWALA RAM 2021.02.24 15:28 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-1760-2021 - 2 - 'Shivani w/o Amarpal', which is contrary to the submissions made in the petition as well as before this Court that the petitioner was in live-in relationship with her brother-in-law - Amarpal Singh. Still further, on a query put to the learned counsel for the petitioner, if she had reported against the alleged threats to the nearest police station, he replied in the negative. Moreover, the petition is completely silent as to how and in what manner the alleged threat was extended to her by the private respondents. As a sequel to the above, this Court has no hesitation in holding that the petition is not only vague and misconceived, but would not warrant the interference of this Court to exercise its inherent powers under Section 482 Cr.P.C.

Petition stands dismissed.

(MANJARI NEHRU KAUL) JUDGE February 22, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.02.24 15:28 I attest to the accuracy and authenticity of this document Chandigarh