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High Court of Punjab and HaryanaLPA/664/2021disposed of

Pooja And ANR. v. State Of Punjab And ORS.

2021-08-10Mr. Justice Augustine George Masih,Mr. Justice Ashok Kumar Verma3 pages

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 10.08.2021 (PROCEEDINGS THROUGH V.C.) Pooja and another ..... Appellants

Versus

State of Punjab and others ..... Respondents

CORAM:

HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH HON'BLE MR. JUSTICE ASHOK KUMAR VERMA PRESENT: Mr. Kanwaljeet Singh Dera Bassi, Advocate for the appellants.

AUGUSTINE GEORGE MASIH, J. (ORAL) This appeal has been preferred by the petitioner-appellants who had filed CRWP-7064-2021, before the learned Single Judge, praying for protection of their life and liberty which according to them was threatened at the hands of private respondents No. 4 to 10 who were against their marriage and had been threatening them. Even on the date of their marriage i.e. 26.07.2021, they had received a threat on telephone and highlighting this aspect they had submitted a representation on the same day i.e. 26.07.2021 (Annexure P-5) to the Senior Superintendent of Police, District Sangrur-respondent No. 2.

-2The learned Single Bench had proceeded not to accept the prayer of the petitioner-appellants, on the ground that they had without waiting for any action to be taken on the representation filed the writ petition the very next day i.e. 27.07.2021 and was also of the view that there was no eminent threat or danger to their life and liberty. Their apprehensions were misplaced.

We have considered the submissions made by learned counsel for the petitioners-appellants and with his assistance have gone through the impugned order dated 29.07.2021 passed by the learned Single Judge and also the records of the writ petition. Learned counsel for the appellants has pointed out that despite many days having been passed after the submission of their representation dated 26.07.2021 (Annexure P-5) to the Senior Superintendent of Police, District Sangrur, Punjab, no action has been taken by the said authority. The life and liberty of the appellants still are at risk.

Keeping in view the facts and circumstances of the present case and also the law on the subject that life and liberty of the persons need to be protected as it is the constitutional right, this Court without going into the merits of the case or commenting thereon, disposes of the present appeal by directing respondent No. 2-Senior Superintendent of Police, District Sangrur, Punjab, to consider the representation dated 26.07.2021 (Annexure P-5) submitted by the petitioner-appellants and take appropriate steps in accordance with law, to ensure that the life and

-3liberty of the applicants of the representation (Annexure P-5) are not jeopardized in any manner except in accordance with law. ( AUGUSTINE GEORGE MASIH ) JUDGE August 10, 2021 ( ASHOK KUMAR VERMA ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No