Neha And ANR. v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRWP No.3405 of 2022 Date of Decision:April 13, 2022 Neha and anr.

......Petitioner(s) Vs.

State of Punjab and others ......Respondent(s) CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Lakhwinder Singh Mann, Advocate for the petitioners. Mr. Kirat Singh Sidhu, DAG, Punjab *** Fearing for their lives and liberty at the hands of the private respondents, the petitioners who wish to marry after eligibility, have come up before this Court by invoking their fundamental rights of life guaranteed under Article 21 of the Constitution of India, seeking direction to the State to protect them. 2.

Notices served upon the official respondents through the State's counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of notices to the private respondents is required. 3.

Learned counsel for the petitioners submits that no protection is required for petitioner No.2-Lovepreet Singh as he is living with his parents and petitioner No.1(being adult) is living with petitioner No.2.

4.

If the allegations of apprehension of threat to their lives turn out to be true, it might lead to an irreversible loss. Thus, in the facts and circumstances peculiar to this case, it shall be appropriate that the concerned Superintendent of Police, SHO, or any officer to whom such powers have been delegated or have been authorized in this regard, provide appropriate protection to petitioner No.1 for one week from today. However, if the petitioner No.1 no longer require the protection, then at her request it may be discontinued even before the expiry of one week. After that, the concerned officers shall extend the protection on day-to-day analysis of the ground realities or upon the oral or written request of petitioner No.1.

5.

This order is subject to the condition that from the time such protection is granted, petitioner No.1 shall not flaunt it and shall avoid visiting areas where there may be a threat to her life according to her perception. 6.

It is clarified that there is no adjudication on merits and that this order is not a blanket bail in any FIR. It is further clarified that this order shall not come in the way if the interrogation of the petitioner No.1 is required in any cognizable case. It shall also be open for the petitioner No.1 to approach this Court again in case of any fresh threat perception. SONIA ARORA 2022.04.13 16:45 I attest to the accuracy and integrity of this document

CRWP No.3405 of 2022 --2-- ***** 7.

There would be no need for a certified copy of this order, and any Advocate for the Petitioners and State can download this order and other relevant particulars from the official web page of this court and attest it to be a true copy. The concerned officer can also verify its authenticity and may download and use the downloaded copy for immediate use. Petition is allowed to the extent mentioned above. All pending applications, if any, stand disposed.

(ANOOP CHITKARA) JUDGE April 13, 2022 sonia arora Whether speaking/reasoned:

Yes/No Whether reportable:

No SONIA ARORA 2022.04.13 16:45 I attest to the accuracy and integrity of this document