Akash And ANR. v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-6137-2022 Date of Decision: 24.06.2022 Akash and another

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE VIKAS SURI Present:- Mr. Naveen Sharma, Advocate for the petitioners. Mr. Tanvir Joshi, AAG, Punjab.

VIKAS SURI, J. (Oral) Learned counsel for the petitioners submits that the petitioners have married against the wishes of the father and relatives of petitioners and on account of this act on their part, they are under threat of being bodily harmed/eliminated at the hands of respondent Nos.4 to 9. In view of the above, seeking protection, a representation dated 12.06.2022 (Annexure P-4) was made on behalf of the petitioners to the Commissioner of Police, Ludhiana (respondent No.2), but to no avail.

In the above circumstances, seeking protection of their life and liberty, the petitioners have approached this Court by way of the present petition.

A perusal of the record would go to show that the representation dated 12.06.2022 (Annexure P-4) was sent through courier on 20.06.2022. The present petition was drafted on 20.06.2022, which is supported by respective affidavit of the petitioners attested on 20.06.2022 at Chandigarh and was instituted on 20.06.2022 at 12:12 P.M. There was an objection by the Registry, due to which the petition was re-filed on 22.06.2022 at 11.20 A.M. At the time of institution of the petition, the said

CRWP-6137-2022 representation would have apparently been in transit. The present petition is prima facie premature, as the petitioners have approached this Court without even waiting for their representation to reach the concerned quarter. Faced with the above, learned counsel for the petitioners prays for liberty to pursue the representation and states that the petitioners would be satisfied if a direction is issued for expeditious disposal of the said representation, at this stage. It is also submitted that till today, no action has been taken on the said representation.

Without expressing any opinion on the merits of the matter and in particular the legality of the alleged marriage, the present petition is disposed of with a direction to the Commissioner of Police, Ludhiana (respondent No.2), to forthwith consider the aforesaid representation dated 12.06.2022 (Annexure P-4) made on behalf of the petitioners and thereafter, take appropriate action on the same as is deemed fit in accordance with law to ensure the protection of life and liberty of the petitioners. It is made clear that this order shall not be taken to validate the alleged marriage between the petitioners or protect them from legal action for violation of law, if any, committed by them. (VIKAS SURI) June 24, 2022 JUDGE Sachin M.

Whether speaking/reasoned Yes/No Whether reportable Yes/No