Sanjana And Another v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (117) Date of Decision:-20.03.2024 Sanjana Sharma and Anr.

......Petitioners

Versus

State of Punjab and Ors.

......Respondents

CORAM:

HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Ms. Sirat Sapra, Advocate and Mr. Kartik Sachdeva, Advocate for the petitioners. **** ALOK JAIN, J. (Oral) CRM-W-356-2024 Application for placing on record the complaint as directed by this Court vide order dated 18.03.2024.

Application is allowed and copy of complaint is taken on record.

CRWP-2472-2024 1.

The present petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing respondent Nos.1 and 2 to protect the life and liberty of the petitioners at the hands of private respondents. 2.

Learned counsel for the petitioners submits that both the petitioners are major and are living in a live-in relationship.

3.

Notice of motion to respondents No.1 and 2.

4.

Mr. Siddharth Attri, AAG, Punjab, accepts notice and waives service.

5.

Considering the nature of the order being passed, there is no necessity to serve the private respondents or to seek a reply from any one of the respondents.

6.

The petition is disposed of with a direction to respondent No.2-Senior Superintendent of Police, District Rupnagar, Punjab to take into consideration the request of the petitioners made vide complaint dated 17.03.2024 (Annexure P-5) and to take appropriate action in accordance with law.

7.

This petition is being considered only for the purpose of protection of life and liberty of the petitioners and the filing/pendency or the orders passed by this Court in this petition shall neither be construed as any stamp of the Court qua the allegations levelled by petitioner No.1 against her husband respondent No.3 and this order shall not be treated as any certificate to the promiscuous relationship of the petitioners. 8.

This order shall not operate as any alibi or defence to any proceedings which might be pending or may arise against the petitioners. Although, the State is duty bound to protect its citizens and only with the said motive, the present order/directions have been passed. 9.

It is made clear that the filing of this petition and any order passed herein does not approve or disapprove the relationship of the petitioners and is not a stamp by the Court qua their relationship, as this petition is considered only for the purpose of ensuring the protection of life

and liberty of the petitioners being citizen of this country and for no other reason.

10.

It is further made clear to the petitioners that, in case, any averment made in this petition or in the complaint dated 17.03.2024 (Annexure P-5) is found to be incorrect, the State authorities are directed to take appropriate action in accordance with law. 11.

However, since this petition is being disposed of in limine, a copy of this petition be sent to the parents of both the petitioners in order to apprise them about the act and conduct of their children. (ALOK JAIN) JUDGE March 20, 2024.

manju Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No