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High Court of Punjab and HaryanaCRWP/6278/2022allowed

Shagan Preet Singh v. State Of Punjab And Others

2022-07-18Mr. Justice Anoop Chitkara2 pages

CRWP-6278-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-6278-2022 (O&M)

Reserved on: 07.07.2022

Date of Pronouncement: 18.07.2022

Shagun Preet Singh

...Petitioner (s)

Versus

State of Punjab

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Vinod Ghai, Sr. Advocate with Ms. Kanika Ahuja, Advocate Mr. Gaurav Dutta, Advocate Mr. Edward Augustine Goeorge, Advocate Mr. Manish Modi, Advocate for the petitioner(s).

Mr. Gaurav Garg Dhuriwala, Sr. DAG, Punjab.

**** ANOOP CHITKARA, J.

Fearing for life and liberty at the hands of the private respondents, the petitioner, invoking the fundamental right of life guaranteed under Article 21 of the Constitution of India, has come up before this Court seeking protection through the State.

The petitioner is also arrayed as an accused in FIR No.168 dated 7.8.2021 under Sections 302 and 34 of Indian Penal Code, 1860 [IPC] and Sections 25 & 27 of Arms Act, 1959 (Sections 120-B and 473 IPC added later on) registered at Police Station Mataur, District SAS Nagar (Mohali), Punjab. In that case/FIR, the petitioner has filed a separate petition i.e. CRM-M-27763-2022 for grant of anticipatory bail. This Court vide a separate order of today has dismissed the said petition.

Given this, there would be no question of separate police protection after the petitioner's arrest in the aforesaid FIR. However, the ASHWANI KUMAR 2022.07.18 10:08 I attest to the accuracy and authenticity of this order/judgment

CRWP-6278-2022 petitioner shall be provided adequate police protection from the time he lands in any International Airport in India till his arrest by the police in the abovesaid FIR. Needless to say that every person, whosoever he may be, has a right to preserve his life and such life can only be deprived through due process established by law.

The petition is disposed of with aforesaid observations. (ANOOP CHITKARA) JUDGE July 18, 2022 AK Whether speaking/reasoned:

Yes Whether reportable:

No.

ASHWANI KUMAR 2022.07.18 10:08 I attest to the accuracy and authenticity of this order/judgment