Shama And Another v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision : 29.04.2025 SHAMA AND ANOTHER ....PETITIONER(S) V/S STATE OF PUNJAB AND OTHERS ...RESPONDENT(S) CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY Present:- Mr. J.S.Thakur, Advocate for the petitioners.

***** SANJIV BERRY, J.(ORAL) This is a petition filed under Articles 226/227 of the Constitution of India for directions to respondents No. 1 to 3 to protect the life and liberty of the petitioners at the hands of private respondents No. 4 and 5.

2.

Learned counsel for the petitioners, inter alia, contends that the petitioners, feeling aggrieved by the act and conduct of private respondents No. 4 and 5 and apprehending threats to their life and liberty had moved the representation dated 25.04.2025 (Annexure P-4) to the Senior Superintendent of Police, Gurdaspur, but till date no action thereon has been taken. He further submits that for the purpose of the petition, the petitioners will be satisfied if appropriate directions are given to

respondent No.2 to consider and dispose of the aforesaid representation dated 25.04.2025 (Annexure P-4) in accordance with law in an expeditious manner.

3.

Notice of motion to official respondents.

4.

On the asking of the Court, Mr. R.S.Bhatta, DAG, Punjab, who is present in Court, accepts notice on behalf of the State-respondents No. 1 to 3 and submits that the aforesaid representation will be disposed of in an expeditious manner in accordance with law. 5.

After considering the rival contentions and considering the limited request made by learned counsel for the petitioners and without commenting on the merits of the case, the petition is disposed of with the direction to respondent No.2- Senior Superintendent of Police, Gurdaspur, to consider and dispose of the representation dated 25.04.2025 (Annexure P-4) in accordance with law in an expeditious manner so as to protect the life and liberty of the petitioners and if needed, provide requisite protection to their life and liberty.

6.

The decision so taken be intimated to the petitioners. 7.

It is made clear that this order is not to be construed as any opinion with regard to the age of the petitioners or factum or validity of their relationship in any civil or criminal proceedings nor the petitioners would be entitled for any protection against their arrest or continuance of any criminal proceedings against them, if otherwise, found to be involved in commission of any cognizable offence(s).

8.

Disposed of.

9.

Pending application (s), if any, shall also stand disposed of. (SANJIV BERRY) JUDGE 29.04.2025 anju i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No