Nitika And ANR v. State Of Punjab And Others

CRWP-4961-2023 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP-4961-2023 (O&M) Date of Decision: 22.05.2023 Nikita and another

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Amritpal Singh Sohal, Advocate for the petitioners.

HARSH BUNGER, J. (ORAL) CRM-W-734-2023 This is an application seeking exemption from filing the local ID proof of both the petitioners.

Criminal Misc. Application is allowed as prayed for. CRWP-4961-2023 1.

By way of this petition, the petitioners seek protection of their lives and personal liberties on the plea that they have not solemnized their marriage so far and are living in the live-in relationship and are under eminent threats at the hands of respondents No.4 to 6. 2.

The date of birth of petitioner No.1 is 15.09.2002, whereas, the date of birth of petitioner No.2 is 12.01.2003. 3.

In the context of threat perception at the hands of private respondents No.4 to 6, petitioners have allegedly moved representation dated 15.05.2023 (Annexure P-3) to the Senior Superintendent of Police, SAS Nagar Mohali, Punjab, wherein, the apprehension to their lives has been expressed, however, it is stated that no action has been taken. HIMANI GUPTA 2023.05.30 15:13 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

CRWP-4961-2023 (O&M) 4.

Notice of motion at this stage only to the official respondents i.e. respondents No.1 to 3 is being issued.

5.

Advance copy of the paper book has already been supplied to learned State counsel by the learned counsel for the petitioners. On asking of the Court, Mr. Harjinder S. Sidhu, AAG, Punjab, who is present in the Court, accepts notice on behalf of State/respondents No.1 to 3. 6.

Given the nature of the order being passed, there is no necessity to seek any response by the official respondents or even to serve the private respondents No.4 to 6.

7.

Having heard learned counsel for the petitioners, as also the learned State counsel, I am of the considered view that every citizen is entitled to protection/enforcement of fundamental rights as envisaged under Constitution of India. It is the bounden duty of the State to protect the life & liberty of every citizen as enshrined under Article 21 of the Constitution of India. Right to human life is to be treated on much higher pedestal, regardless of a citizen being minor or a major. 8.

Since the petitioners are seeking protection qua their lives and personal liberties, therefore, it would be appropriate to direct respondent No.2- Senior Superintendent of Police, SAS Nagar, Mohali to verify the contents of the petition and/or representation, particularly the threat perception of the petitioners and take necessary action, if required. 9.

It is clarified that this order shall neither be treated as a stamp of this Court qua the status of the parties on the basis of their alleged live-in relationship nor any reflection on the merits of the contentions raised by them in the present petition.

10.

The writ petition is, accordingly, disposed of. (HARSH BUNGER) JUDGE May 22, 2023 Himani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No HIMANI GUPTA 2023.05.30 15:13 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh