Sukhwinder Singh And Another v. State Of Punjab And Others

In the High Court of Punjab and Haryana, at Chandigarh Criminal Misc. No. M-26217 of 2017 Date of Decision: 21.07.2017 Sukhwinder Singh and Another ... Petitioner(s)

Versus

State of Punjab and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Shekher Dhawan.

Present:

Mr. Dheeraj Mahajan, Advocate for the /petitioner(s).

Shekher Dhawan, J.

Both the petitioners are present in the Court and are identified by their counsel.

Petitioners have sought protection of their lives and liberty, inter alia, taking the plea that they performed the marriage with each other, whereas private respondents are not accepting their marriage and now they are apprehending danger to their lives and liberty from private respondents. Learned counsel for the petitioners contended that the petitioners made a representation dated 18.7.2017 (Annexure P3) to the Commissioner of Police, Amritsar. Learned counsel has also placed reliance upon the judgment rendered by the Hon'ble Supreme Court in case Lata Singh v. State of U.P. & Another 2006(3) RCR (Criminal) 870. Petitioners have also taken the plea that they are major and have performed their marriage with free will.

Notice of motion.

Deepak Kumar Bhardwaj 2017.07.21 15:22 I attest to the accuracy and integrity of this document

Criminal Misc. No. M-26217 of 2017 On the asking of the Court, Mr. Rahul Rathore, Deputy Advocate General, Punjab accepts notice on behalf of respondents No. 1 to 3.

Having considered the submissions made by learned counsel for the petitioners and perusal of record, respondent No.2-Commissioner of Police, Amritsar, is directed to consider the representation dated 18.7.2017 (Annexure P3) and issue necessary orders, as warranted by law, so as to ensure that no harm is caused to the life and liberty of the petitioners at the hands of private respondents.

However, it is also made clear that this order shall not be taken to validate the alleged marriage of the petitioners or entitle them for any protection against their arrest or continuance of any criminal proceedings, if they are found involved in the commission of any cognizable offence. In case, the petitioners had committed any offence, the law will take its own course.

With the aforesaid observations made and directions issued, the present petition stands disposed of.

(Shekher Dhawan) Judge July 21, 2017 "DK"

Whether speaking/reasoned :

Yes/No Whether reportable : Yes/No Deepak Kumar Bhardwaj 2017.07.21 15:22 I attest to the accuracy and integrity of this document