High Court of Punjab and HaryanaCRM-M/24402/2014disposed of

Harbhajan Kaur v. State Of Punjab & ORS

2015-03-09Mr. Justice P.B. Bajanthri2 pages

Cr.M.No.M-24402 of 2014 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Cr.M.No.M-24402 of 2014 (O&M) DATE OF DECISION : 9.3.2015 Harbhajan Kaur PETITIONER

VERSUS

State of Punjab and others RESPONDENTS CORAM : HON'BLE MR.JUSTICE MAHESH GROVER

1. Whether reporters of Local Newspapers 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:- Shri Sarju Puri, Advocate for the petitioner. Shri P.S.Hundal, A.A.G. Punjab.

None for respondents 5 to 7.

MAHESH GROVER, J.

This is a petition under Section 482 Cr.P.C. seeking appropriate directions to protect the life and liberty of the petitioner allegedly endangered at the hands of private respondents No.5 to 7.

It has been averred in the petition that respondents No.5 to 7 have been attempting forcible possession of the residential house of the petitioner in GHANSHYAM DASS 2015.03.11 10:49 I attest to the accuracy and authenticity of this document high court chandigarh

Cr.M.No.M-24402 of 2014 -2connivance with the police officials and threatened her with dire consequences. The official respondents have filed their reply denying the allegations and have submitted that there is no threat perception to the petitioner. The matter regarding evaluation of threat perception lies with the Law Enforcing Agencies and if they express such an opinion, there would be an inclination to accept the same unless there are glaring circumstances to take a divergent view. There also appears to be some marital discord lurking in the backdrop which apparently seems to be the cause of dispute regarding possession. Be that as it may, the petitioner would still have remedies in law to protect her possession by taking recourse to civil proceedings and similarly, by filing an appropriate complaint before the Magistrate regarding threat to her life and property.

The petition is thus, disposed of with liberty to the petitioner to seek appropriate remedies under the law.

(MAHESH GROVER) March 9, 2015 JUDGE GD GHANSHYAM DASS 2015.03.11 10:49 I attest to the accuracy and authenticity of this document high court chandigarh