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High Court of Punjab and HaryanaCRM-M/13090/2016allowed

Sushma And ANR. v. State Of Haryana & ORS

2016-05-09Mr. Justice Rajan Gupta2 pages

CRM-14732 of 2016 in/and CRM-M-13090 of 2016 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-14732 of 2016 in/and CRM-M-13090 of 2016 DECIDED ON: MAY 09, 2016 SUSHMA & ANR.

.....PETITIONERS

VERSUS

STATE OF HARYANA & ORS ....RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE JASPAL SINGH

1. Whether Reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest?

Present:

Petitioners in person along-with Mr. Amit Khatkar, Advocate ***** JASPAL SINGH, J (ORAL) CRM No. 14732 of 2016 The present application filed under Section 482, Cr.P.C., is for restoration of the main case i.e. CRM-M-13090 of 2016 which has been dismissed for want of prosecution vide order dated 12.04.2016. Learned counsel for applicant/petitioners contends that at the time of filing the petition, a special mentioning slip was moved on 12.04.2016 at 10:00 am and the petition was ordered to be listed on 13.04.2016 and this fact clearly shows from as Annexure A-1 attached with the application thus, there appears no intentional or willful default on the part of either of the petitioners or SEEMA RANI 2016.05.09 16:44 I attest the accuracy and authencity of the document

CRM-14732 of 2016 in/and CRM-M-13090 of 2016 --2-- their counsel.

After hearing learned counsel for the petitioners and going through the material available on record, the present application is allowed. Main case i.e. CRM-M-13090 of 2016 is ordered to be restored to its original number. The main petition i.e. CRM-M-13090 of 2016 is taken at today's board.

CRM No. M-13090 of 2016 This is a petition under Section 482 of the Code of Criminal Procedure for issuance of directions to respondents No. 1 to 3 to protect the lives and liberty of the petitioners at the hands of respondents No.6 and 7. 2.

Notice to respondents No. 1 to 3 only, at this stage. 3.

At the asking of Court, Ms. Neelam Kashyap, DAG, Haryana, accepts notice on behalf of respondents No.1 to 3. Copy of the petition be supplied to learned counsel for respondents No.1 to 3 during the course of day. 4.

The present petition is disposed of with a direction to respondent No.2- Superintendent of Police, Jind, Haryana, to look into the grievances unfolded by the petitioners in their representation dated April 11, 2016 (Annexure P-5) and if respondent No.2 finds that there is threat perception to the lives and liberty of the petitioners, he shall provide the necessary protection, if so required.

5.

However, this order shall not be construed as a measure to treat the marriage of the petitioners valid or legal.

MAY 09, 2016 (JASPAL SINGH) seema JUDGE SEEMA RANI 2016.05.09 16:44 I attest the accuracy and authencity of the document