Munish Kumar And Another v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP No.1847 of 2022 (O&M) DATE OF DECISION : 03.03.2022 Munish Kumar and Another .....Petitioners versus State of Punjab and Others ....Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Sandeep Arora, Advocate for the petitioners ..

ALKA SARIN, J. (Oral):

Heard in virtual mode.

This is a petition under Article 226 of the Constitution of India seeking protection of life and liberty of the petitioners at the hands of respondent Nos.5 to 7.

Learned counsel for the petitioners has submitted that the petitioners are major. The copies of the Aadhaar Cards of both the petitioners have been annexed with the petition as Annexures P-1 and P3. It is further submitted that this is the first marriage of both the petitioners and that they have solemnized the marriage against the wishes of their parents and relatives. Learned counsel for the petitioners

CRWP No.1847 of 2022 - 2 - has contended that the petitioners are receiving serious threats and apprehend grave danger to their life and liberty. The petitioners had also sent a representation dated 28.02.2022 (Annexure P-6) to the Commissioner of Police, Jalandhar (respondent No.2) for providing adequate security. However, no action has been taken till date. The counsel for the petitioners would further contend that he limits his prayer in the present petition and would be satisfied at this stage if directions are issued for deciding the said representation in accordance with law. Notice of motion.

On the asking of the Court, Mr. Rehat Bir Singh Maan, DAG Punjab has joined the session through video conferencing and accepts notice on behalf of respondent Nos.1 to 4. Since the matter is not being decided on merits, the service on other respondents is dispensed with.

Heard learned counsel for the parties.

Without expressing any opinion with regard to the veracity of the contents of the petition and the submissions made by learned counsel for the petitioners, the present petition is disposed off with a direction to the Commissioner of Police, Jalandhar (respondent No.2) to consider the representation dated 28.02.2022 (Annexure P-6) and take necessary action as per law.

It is, however, made clear that this order shall not, in any manner, be construed as an expression of opinion on the veracity of the statement made by the petitioners or on the validity of the marriage and

CRWP No.1847 of 2022 - 3 - shall have no effect on any other civil or criminal proceedings, if any, instituted/pending against them.

(ALKA SARIN) JUDGE 03.03.2022 parkash NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: YES/NO