High Court of Punjab and HaryanaCRM-M/3907/2017disposed of

Roshani & ANR v. State Of Haryana & ORS

2017-02-07Mr. Justice Avneesh Jhingan3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No. 113 Case No. : Crl. Misc. No. M-3907 of 2017 Date of Decision : February 07, 2017 Roshani and another ....

Petitioners vs.

State of Haryana and others ....

Respondents CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL.

* * * Present :

Mr. Rohtash Kumar, Advocate for the petitioners.

* * * DEEPAK SIBAL , J.

The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for the issuance of a direction to respondents no. 1 to 3 to provide security to the petitioners to protect their lives and liberty as they fear danger to the same at the hands of respondents no. 4 to 12, who are the relatives of petitioner no. 1 and from whom they have received threats on account of having contracted marriage without their consent.

Learned counsel for the petitioners submits that the petitioners got married on 02.02.2017 at Panchkula and since such marriage was without the consent of respondents no. 4 to 12, who are the parents and relatives of petitioner no. 1, they are consistently receiving threats from

them that they would be eliminated. In this regard, petitioner no. 1 had made a representation dated 02.02.2017 (Annexure P-5) to respondent no. 2, but till date, no action on the same has been taken. Learned counsel for the petitioners further submits that even outside the Court, there are about 20 persons, who are related to petitioner no. 1 and while the petitioners were entering the Court, they have hurdled threats to them. He, therefore, prays that till some action is taken by respondent no. 2 on the aforesaid representation (Annexure P-5), some protection be granted to the petitioners, enabling them to reach Karnal, where their matrimonial home is situated.

Notice of motion to respondents no. 1 to 3 only, at this stage. Mr. Manish Bansal, DAG, Haryana, who is present in Court, accepts notice on behalf of respondents no. 1 to 3. After hearing counsel for the parties, without commenting on the merits of the case, particularly the validity of the marriage alleged to have been contracted by the petitioners, a direction is issued to respondent no. 2 to take immediate action on the representation dated 02.02.2017 (Annexure P-5), made by petitioner no. 1 before him for protection of the life and liberty of the petitioners. Mr. Bansal is directed to convey this order to respondent no. 2 at the earliest.

In the meanwhile, the petitioners are to go to Karnal, where their matrimonial home is situated and they fear threat to their lives and liberty at the hands of the relatives of petitioner no. 1, who are stated to be in Chandigarh. In these circumstances, Senior Superintendent of Police,

Chandigarh is directed to depute adequate number(s) of police personnel, who would escort the petitioners to the office of the Superintendent of Police, Karnal, who, thereafter, as directed above, would take appropriate measures with regard to securing the lives and liberty of the petitioners. Ms. Ashima Mor, Advocate, who is Additional Public Prosecutor, Chandigarh and is present in the Court, is directed to forthwith convey this order to the Senior Superintendent of Police, Chandigarh, for compliance.

A copy of the order be supplied to counsel for the parties under signatures of the Court Secretary, for compliance. The petition stands disposed of in the above terms. ( DEEPAK SIBAL ) JUDGE February 07, 2017 monika Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.