Pooja Kumari And ANR v. State Of Punjab And Others

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr.No.111 Date of Decision: 02nd September, 2020.

Pooja Kumari &Anr.

...Petitioners

Versus

State of Punjab & Ors.

...Respondents

CORAM: HON'BLE MRS.JUSTICE MEENAKSHI I. MEHTA

Present:

Mr.Ullas Mahajan Advocate, for Ms.Shivangi, Advocate, for the petitioners.

Mr.Amit Mehta, Sr.DAG, Punjab.

MEENAKSHI I. MEHTA (ORAL) Case has been taken up through video conferencing in view of the outbreak of Pandemic COVID-19.

By way of the instant petition, the petitioners have sought the indulgence of this Court for issuance of writ in the nature of mandamus, directing respondents No.2 and 3 to protect their life, liberty and property as they apprehend threat to the same at the hands of respondent No.4 because they (petitioners) have solemnized their marriage against the wishes of the family members of petitioner No.1. It has also been mentioned in the petition that the petitioners have already moved a representation (Annexure P-5) to respondent No.2-Senior Superintendent of Police, Amritsar, on 21.08.2020, in this regard. Notice of motion to respondents No.1 to 3 only. Mr.Amit Mehta, Sr.DAG, Punjab, at the asking of the Court, accepts notice on behalf of respondents No.1 to 3. However, he points out that

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respondent No.2 has been wrongly arrayed in this petition because the Commissioner of Police is posted at Amritsar instead of Senior Superintendent of Police.

A perusal of Annexure P-5, i.e., the representation as moved by the petitioners, reveals that it has been addressed to Senior Superintendent of Police, Amritsar. At this stage, learned counsel for the petitioners submits that the petitioners shall be moving a fresh application, through email, to the Commissioner of Police, Amritsar regarding their present grievance and he restricts his prayer to issuance of direction for taking appropriate action on the same.

Learned counsel for the State has no objection in this regard. Accordingly, without expressing any opinion on the legality and validity of the marriage, as stated to have been solemnized between the petitioners, it is hereby directed that in case any application/representation is moved by the petitioners to the Commissioner of Police, Amritsar, for seeking the relief as claimed in this petition, i.e. protection of their life and personal liberty, he will look into the same and if it is found that the petitioners genuinely deserve any protection, then he shall take appropriate action in accordance with law.

This petition stands disposed of.

(MEENAKSHI I. MEHTA) JUDGE 02.09.2020.

seema Whether speaking/reasoned?

Yes/No Whether Reportable?

Yes/No

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