Bajinder Singh And Others v. State Of Punjab And Others

2023:PHHC:102146

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-2133-2023 (O&M) Date of Decision: 08.08.2023 Bajinder Singh and others ......... PeƟƟoners

Versus

State of Punjab and others ......... Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Anurag Arora, Advocate for the peƟƟoners.

Mr. Karunesh Kaushal, AAG, Punjab.

**** ANOOP CHITKARA, J. (ORAL) The present peƟƟon has been filed under SecƟon 482 Cr.P.C praying for issuance of direcƟon to official respondent No. 2 to direct respondent No. 3 to conduct fair invesƟgaƟon on complaint dated 18.11.2022 (Annexure P-5) and to protect the life and liberty of the peƟƟoners from the hands of private respondents. 2.

On enquiry from the Court about the last Ɵme when the peƟƟoners had faced actual threat percepƟons, counsel for the peƟƟoners on instrucƟons submits that it had happened somewhere two months ago.

3.

Given above, since as on date, there is no threat percepƟon, therefore, the present peƟƟon is disposed of with following observaƟons: (i) In case, the peƟƟoners feel any fresh threat percepƟons, they may communicate with the concerned SHO, who shall provide protecƟon to them on day to day analysis.

(ii) Liberty reserved to the peƟƟoners to file a fresh representaƟon to the concerned Senior Superintendent of Police/ Commissioner of Police, within fiŌeen days from today. If the peƟƟoners file a representaƟon with in the above-menƟoned Ɵme period of fiŌeen days, then, the same shall be decided by the concerned Senior Superintendent of Police/ Commissioner of Police, within two months. It is clarified that such order must be a reasoned order, and the same be communicated to counsel for the peƟƟoners as well as representaƟonists without delay.

JYOTI 2023.08.10 14:01 I attest to the accuracy and integrity of this order/judgment.

CRWP-2133-2023 (O&M) -2- 2023:PHHC:102146 4.

Since one of the grievance of the peƟƟoners is that the accused are threatening him to enter into a compromise. It is clarified that whenever in this case, where the peƟƟoner is a complainant, any compromise is filed then the concerned Judicial Magistrate/Sessions Court shall interact with the peƟƟoners to find out that there is no duress or pressure upon them.

5.

Liberty is reserved to the peƟƟoners to take appropriate legal remedies in accordance with law including filing the complaint under SecƟon 156 (3) Cr.P.C. All pending miscellaneous applicaƟons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 08.08.2023 JyoƟ-II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2023.08.10 14:01 I attest to the accuracy and integrity of this order/judgment.