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High Court of Punjab and HaryanaCRWP/4876/2022allowed

Kulwant Kaur v. State Of Punjab And Others

2022-05-20Mr. Justice Anoop Chitkara2 pages

CRWP-4876-2022 

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-4876-2022 Date of decision: 20.05.2022 Kulwant Kaur

...Petitioner(s)

Versus

State of Punjab

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Kuldip Singh, Advocate for the petitioner(s).

Mr. H.S. Sitta, AAG, Punjab.

**** ANOOP CHITKARA, J.

Fearing for life and liberty at the hands of the private respondents, the petitioner, invoking the fundamental right of life guaranteed under Articles 226/227 of the Constitution of India, has come up before this Court seeking protection for herself as well as her friend Paramjeet Singh who has given shelter to her, through the State. 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.

If the allegations of apprehension of threat to life 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 the petitioner and her friend Paramjeet Singh s/o Kartar Singh, resident of Village Balelke Kamalwala (Amir Khas), Tehsil Jalalabad (West), District Fazilka, for one week from today. However, if the petitioner no longer requires the protection, then at their 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 the petitioner.

ANJU RANI 2022.05.20 13:06 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH

CRWP-4876-2022  4.

This protection is subject to the stringent condition that from the time such protection is given, the petitioner and Paramjeet Singh shall not go outside the boundaries of the place of residence, except for medical necessities, to buy household necessities, and for bereavements in the families of the close relatives or close friends. This restriction saves the petitioner from apprehended risk and ensures that the protection is not flaunted.

5.

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 is required in any cognizable case. It shall also be open for the petitioner to approach this Court again in case of any fresh threat perception.

6.

There would be no need for a certified copy of this order, and any Advocate for the Petitioner 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 May 20, 2022 anju rani Whether speaking/reasoned :

Yes Whether reportable :

No ANJU RANI 2022.05.20 13:06 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH