Shimla Rani And Another v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr.No.113 Date of Decision: 01.07.2021 Shimla Rani and another

...Petitioners

Versus

State of Punjab and others

...Respondents

(Heard through Video-Conferencing) CORAM: HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

Present:

Mr. Gurmeet Singh Saini, Advocate, for the petitioners.

* * * * MEENAKSHI I. MEHTA, J.

(ORAL) By way of this petition, both the petitioners have approached this Court for seeking the relief of the issuance of appropriate direction to respondents No.1 to 3 to protect their lives and liberty as they apprehend threat to the same at the hands of respondent No.4 , who is husband of petitioner No.1 and they have further prayed for directing respondent No.4 not to harass them, while averring that petitioner No.1 was married to respondent No.4 but due to her harassment and maltreatment at the hands of this respondent, she left her matrimonial home and started living in relationship with petitioner No.2. It has also been mentioned in this petition that a representation (Annexure P-3) has already been moved to respondent No.2 in this

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regard.

Notice of motion to respondents No.1 to 3 only. Ms. Samina Dhir, learned Deputy Advocate General, Punjab, who has joined the proceedings on behalf of respondents No.1 to 3 in this case, in pursuance of the copies of this petition having been sent to the respondent-State in advance, accepts the notice on behalf of these respondents.

Heard.

Learned counsel for the petitioners restricts his prayer to the issuance of a direction to respondent No.2 to take appropriate action on the said representation of the petitioners, i.e. Annexure P-3. Learned State counsel has no objection for the same. Keeping in view the intent of the fundamental right enshrined in Article 21 of the Constitution of India which ensures the protection of life and liberty to the citizens and without commenting or expressing any opinion on the validity and legality of the relationship between the petitioners, respondent No.2-Senior Superintendent of Police, Ferozepur, is hereby directed to look into the said representation of the petitioners (Annexure P-3) and if it is found that the petitioners genuinely deserve any protection, then to take appropriate action in accordance with law.

It is further clarified that this order shall not be construed to be a shield to the petitioners against any proceedings already initiated or intended/contemplated to be initiated by the competent authority/person

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on account of their said relationship and permissible under any relevant provisions of law.

This petition stands disposed of accordingly. (MEENAKSHI I. MEHTA) 01.07.2021 JUDGE neetu Whether speaking/reasoned Yes/No Whether Reportable Yes/No