Gurmail Singh v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP No. 5026 of 2020 DATE OF DECISION : 20.07.2020 Gurmail Singh

...Petitioner

versus State of Punjab and others

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. A. P. S. Rehan, Advocate, for the petitioner.

Mr. Harjasdeep Singh, DAG, Punjab.

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) The petitioner has approached this Court under Article 226 of the Constitution of India seeking directions to the official respondents to protect his life and liberty from private respondents No.3 to 7 and not to implicate him in false case, as respondent No.3 is harassing him and pressurizing him to compromise the matter with private respondents. 2.

Learned counsel for the petitioner contends that on 19.06.2020 at about 7.30 PM, the private respondents attacked the petitioner and caused grevious injuries to him. The petitioner got himself admitted in Civil Hospital and after medical examination, total 08 injuries were found on his person. He also informed the police regarding the occurrence. Instead of recording his statement, the police is pressurising him to compromise the matter with the private respondents. On 22.06.2020, a copy of MLR was sent to police Station by Civil Hospital, on the basis of which statement of petitioner was recorded and DDR No. 23 dated 22.06.2020 under Sections 323/324/34 IPC (Annexure SONU 2020.07.20 04:10 I attest to the accuracy and integrity of this document

P-2) was recorded. He further contends that though injury no.8 was declared as grievous in nature by the doctor on 23.06.2020, yet police has not added Section 326 IPC.

3.

In these circumstances, the petitioner submitted representation dated 07.07.2020 (Annexure P-5), but the same have not been adverted till date. Hence, this petition.

4.

Heard.

5.

Without commenting on the merits of the petition and the averments contained therein, the writ petition is disposed of with an observation that respondent No.2- Senior Superintendent of Police, Batala, to whom representation dated 07.07.2020 (Annexure P-5) was submitted, would go through the contents of the representation along with the contents of writ petition, by treating the same as supplementary representation and ascertain/ verify the threat perception of the petitioner. If deemed appropriate, necessary steps then would be taken to protect the life and liberty of the petitioner. 6.

As far as other grievance of the petitioner is concerned, he is at liberty to approach the appropriate Court of territorial jurisdiction/Illaqa Magistrate, as the case may be. It is, however, made clear that the aforesaid liberty shall not, in any manner, be construed as any reflection to the Court below. On being approached by the petitioner, the Court below shall deal with the matter in accordance with law.

7.

With the aforesaid observations, the writ petition stands disposed of.

(ARUN MONGA) JULY 20, 2020 JUDGE Shalini Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SONU 2020.07.20 04:10 I attest to the accuracy and integrity of this document