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High Court of Punjab and HaryanaCRWP/7771/2021disposed of

Ashish Verma v. State Of Punjab And ORS.

2021-08-17Mrs. Justice Meenakshi I. Mehta2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr.No.115 CRWP No.7771 of 2021 Date of Decision: 17.08.2021 Ashish Verma and another

...Petitioners

Versus

State of Punjab and others

...Respondents

(Heard through Video-Conferencing) CORAM: HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

Present:

Mr. Amit Sharma, Advocate, for the petitioners.

* * * * MEENAKSHI I. MEHTA, J.

(ORAL) By way of this petition, both the petitioners have approached this Court for seeking the relief of the issuance of a writ in the nature of mandamus directing respondent No.2 to protect their lives and liberty as they apprehend threat to the same at the hands of respondent No.3, who happens to be the wife of petitioner No.1, while averring that a divorce petition is pending between petitioner No.1 and the said private respondent and both the petitioners are, presently, living in relationship. It has also been mentioned in this petition that a representation (Annexure P-3) has already been moved to respondent No.2 in this regard.

Ms. Samina Dhir, learned Deputy Advocate General, Punjab, has joined the proceedings on behalf of respondents No.1 and 2 in this case, in pursuance of the copies of this petition having been sent NEETU RANI 2021.08.18 17:59 I attest to the accuracy and integrity of this document PHHC

CRWP No.7771 of 2021 -2- ......

to the respondent-State in advance.

Heard.

Learned counsel for the petitioners restricts his prayer to the issuance of a direction to respondent No.2 to take appropriate action on the said representation of petitioner No.1, i.e. Annexure P-3. Learned State counsel has no objection for the same. Keeping in view the intent of the fundamental right as enshrined in Article 21 of the Constitution of India which ensures the protection of life and liberty to the citizens as well as the abovediscussed limited prayer as made by learned counsel for the petitioners and without commenting or expressing any opinion on the legality and validity of the relationship between the petitioners, respondent No.2Commissioner of Police, Ludhiana, is hereby directed to look into the afore-said representation of petitioner No.1, i.e. Annexure P-3 and if it is found that the petitioners genuinely deserve any protection, then to take appropriate action in accordance with law.

It is further clarified that this order shall not be construed to be a shield to the petitioners against any action already initiated or intended/contemplated to be initiated by the competent authority/person against them on account of their afore-said relationship and permissible under any relevant provisions of law.

This petition stands disposed of accordingly. 17.08.2021 (MEENAKSHI I. MEHTA) neetu JUDGE Whether speaking/reasoned Yes Whether Reportable No NEETU RANI 2021.08.18 17:59 I attest to the accuracy and integrity of this document PHHC