Bandana And Another v. State Of Punjab And Others

2023:PHHC:073972

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-4919-2023 Decided on : 22.05.2023 Bandana and another . . . Petitioner(s)

Versus

State of Punjab and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Naveen Sharma, Advocate for the petitioner(s).

**** SANJAY VASHISTH , J. (Oral) 1.

Petitioner No.1- Bandana, aged 18 years and petitioner No.2Sanjay Kumar, aged 31 years, have filed instant petition for seeking directions for protection of their lives and liberty, which is at danger at the hands of respondents No.4 to 7.

2.

This Court has noticed that both the petitioners earlier filed one protection petition before the Court of Sessions Judge, Sangrur, in which, on 10.05.2023, following order was passed:

"CNR No.PBSG010044462023 CRM/827/2023 Bandana and another Versus State of Punjab and others

Present:

Both the petitioners with Shri Yogesh Attri, Advocate. Protection petition has been presented today. It be registered as Criminal Miscellaneous. Claiming themselves to be a run away married couple after having solemnized marriage, on attaining the marriageable age, against the consent of their parents, both petitioners Bandana and Sanjay Kumar have come forward to grant them police protection by directing the Senior Superintendent of Police (respondent no.2) to ensure their safety by moving the present petition before me today. Statements of petitioners are also recorded, from which it is made out that they have legally solemnized the marriage after attaining the age of majority.

Heard. In view of law laid down by the Hon'ble Punjab and Haryana High Court in a case titled as Asha Rani and another Versus State of Haryana and others, Civil Writ Petition No.6717 of 2009. decided on 25.07.2012, respondent no.2 is directed to give police protection to the petitioners and ensure safety of their lives and liberty. The District Magistrate, Sangrur shall allow them to live in the Protection Home, Sangrur, if needed by the petitioners. One copy of this order be provided dasti to the petitioners for putting up before SSP, Sangrur and District Magistrate, Sangrur and second copy be immediately sent to SSP, Sangrur and District Magistrate, Sangrur for compliance in letter and spirit and for report on 05.06.2023. Notice of this petition be also issued KAVITA NAIN 2023.05.22 18:00 I attest to the accuracy and integrity of this document order/judgment

2023:PHHC:073972 CRWP-4919-2023 - 2 - to respondents no.4 to 7 for the date fixed, on filing of process fee, registered covers, ADs and copies of petition. (R.S. Rai) May 10, 2023 Sessions Judge, Sangrur (Unique Identification No. PB0031) (Narinder Kumar) Stenographer-I"

Said order has been appended with the present petition. 3.

It is also noticed that in the memo of parties of said petition, both the petitioners have mentioned their address as under: "1.

Bandana aged about 18 years (DOB 02.05.2005) daughter of Ramavtar resident of village Kachora, Hatrash District Sikandra Rao UP-204211, now wife of Sanjay Kumar son of Mohan Dass resident of village Dad, Pakhowal Road, Ludhiana now residing at #193, Ward No.3, Dhrampura Mohalla, Dhuri Tehsil Dhuri District Sangrur.

2.

Sanjay Kumar aged about 31 year (DOB 11.02.1992) son of Mohan Dass resident of village Dad, Pakhowal Road, Ludhiana now residing at #193, Ward No.3, Dhrampura Mohalla, Dhuri Tehsil Dhuri District Sangrur."

On being confronted with the said fact, counsel for the petitioners gives clarification that on visiting the private respondents at Sangrur, both the petitioners had to leave the place at Ludhiana and then to settle down themselves at the address mentioned in the present petition i.e. Village Daad, Pakhowal Road, District Ludhiana, thus present petition is being filed before this Court.

4.

It is also admitted fact that petition filed at Sangrur is pending adjudication.

5.

Faced with the situation, counsel for the petitioners seeks withdrawal of the present petition.

6.

Dismissed as withdrawn.

(SANJAY VASHISTH) JUDGE May 22, 2023 k.nain Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No KAVITA NAIN 2023.05.22 18:00 I attest to the accuracy and integrity of this document order/judgment