Jang Bahader Singh And Another v. State Of Punjab And Others

CRWP No.2925 of 2023 2023:PHHC:047382

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRWP No.2925 of 2023 Date of Decision: March 27, 2023 Jang Bahader Singh and another .....Petitioners

Versus

State of Punjab and ors.

.....Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Sauman Singh Gill, Advocate for the petitioners. ***** HARKESH MANUJA, J (ORAL) Present criminal writ petition under Article 226 of the Constitution of India has been filed by the petitioners praying for protection to their life and liberty, in view of the marriage solemnized by them against the wishes of respondents No.4 to 7.

Notice of motion.

Mr.Tarun Aggarwal, Sr.DAG, Punjab, accepts notice on behalf of respondents No.1 to 3 and requisite copies of the petition have already been supplied to the State by the learned counsel for the petitioners. Paper-book reveals that marriage of petitioners No.1 and 2 was solemnized on 20.03.2023. The documents annexed by the petitioners with the petition including their Aadhar Cards (P-1 and P-3) show that both are major and duly identified by their counsel, but apprehending danger to their life and liberty at the hands of respondents No.4 to 7. Apprehending threat to their life and liberty, petitioners have already approached respondent No.2 by way of representation dated 21.03.2023.

ANIL KUMAR 2023.03.29 19:23 I attest to the accuracy and integrity of this document

CRWP No.2925 of 2023 2023:PHHC:047382 Therefore, the present petition is disposed off, with a direction to respondent No.2- Senior Superintendent of Police, Patiala, to look into the representation dated 21.03.2023 and in case he finds any threat perception to the petitioners, appropriate steps be taken to protect their life and liberty and also ensure that no harm is caused to the petitioners by forcibly taking them in custody on the allegations that petitioner No.2 has been kidnapped, abducted or raped by petitioner No.1, subject to deposit of a sum of Rs.20000/- in the name of petitioner No.2-Bagi Kaur within a period of 15 days from today.

However, it is made clear that this order may not be construed as expression of an opinion on legality and validity of the marriage of the petitioners.

In case any criminal case is pending against petitioner No.2, this order shall not be any hindrance for the Investigating agency to proceed according to law.

March 27, 2023 [HARKESH MANUJA] anil JUDGE Whether speaking/reasoned yes/no Whether reportable?

yes/no ANIL KUMAR 2023.03.29 19:23 I attest to the accuracy and integrity of this document