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High Court of Punjab and HaryanaCRM-M/25580/2024dismissed

Sufat Khan v. Taleem And Another

2024-07-19Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-25580-2024 Date of decision: July 19th, 2024 Sufat Khan .....Petitioner

Versus

Taleem and another .....Respondents

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Kuldeep Sharma, Advocate for the petitioner.

MANJARI NEHRU KAUL, J.

Prayer in the instant petition is for quashing of case CIS No.PP-16-2024 dated 01.02.2024 for providing police protection filed by respondents before learned Sessions Judge, Faridabad and in particular, the orders (Annexures P-7 colly.) passed by the learned Sessions Judge, Faridabad, along with further proceedings pending before the said Court.

2.

Learned counsel for the petitioner contends that the orders w.e.f. 01.02.2024 till 29.04.2024 (Annexure P-7 colly.) suffer from patent illegality as they were passed without considering that the respondents had not approached the learned Court below, with clean hands and had suppressed material facts. While drawing the attention of this Court to Annexure P-1, i.e. the birth certificate of respondent No.2Sania (daughter of the petitioner), it has been submitted that she is a minor. It has still further been submitted that false documents were prepared pertaining to the age of respondent No.2 and protective custody was thereafter sought on false and fabricated grounds by PUNEET SACHDEVA 2024.07.24 11:16 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-25580-2024 -2claiming that both the respondents were major. Hence, the learned Court below had committed grave error in ignoring the material placed on record, thus, making it clear that the impugned order granting protective custody was illegal and liable to be set aside. 3.

I have heard learned counsel for the petitioner and perused the relevant material on record.

4.

The present petition is totally misconceived as a bare perusal of the material on record reveals that both, respondent Nos.1 and 2 already stand released from protective custody vide order dated 29.04.2024 (Annexure P-7). In the circumstances, no ground is made out to entertain the instant petition.

5.

The present petition stands dismissed.

July 19th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.07.24 11:16 I attest to the accuracy and integrity of this document Chandigarh