Gurdas Singh And Another v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-5329-2024(O&M) Date of Decision: June 04, 2024 Gurdas Singh and another

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI

Present:

Mr.Suneel Sharma, Advocate for the petitioners.

(appeared through Video Conferencing) **** ARCHANA PURI, J.

The petitioners have invoked the jurisdiction of this Court under Article 226 of the Constitution of India, for issuance of a writ in the nature of Mandamus, for issuance of directions to respondents No.2 to 5, to protect life and liberty of the petitioners, at the hands of respondents No.6 to 18.

It is submitted that on 07.05.2024, petitioner No.1 was constructing the thaan of Mata Shitla Devi, in the evening time. At that time, respondents No.6 to 18 came to the Mandir and stopped petitioner No.1 from constructing the thaan of Mata Shitla Devi, on the pretext that he is doing black magic there and they had called the panchayat. Further, it is submitted that on 08.05.2024, the panchayat was held, at the village of the petitioners and Salinder Kaur-petitioner No.2 was VINEET GULATI 2024.06.04 15:58 I attest to the accuracy and authenticity of this document Chandigarh

CRWP-5329-2024 -2also present in the panchayat and respondents No.6 to 18 had extracted confession from petitioner No.1, with regard to conducting of black magic. Also, it is submitted that a complaint was filed before the police, but no action was taken upon the same. However, on query, learned counsel for the petitioners submits that the copy of the complaint was not retained. Furthermore, it is submitted that regarding the threat apprehended at the instances of the private respondents, a representation was made to Director General of Police, for taking legal action against respondents No.6 to 18, copy whereof is Annexure P--4. However, upon the same also, no action, as such, has been taken.

Notice of motion.

Mr.Solomon Partap Singh, Asstt. Advocate General, Punjab, who is present in the Court, accepts notice on behalf of the respondent-State and assures about the decision on the representation, within a period of seven days from today onwards.

In view of the assurance given by learned State counsel, the present petition is disposed of, with the observations that concerned Senior Superintendent of Police, shall consider the representation (Annexure P-4) within a period of seven days and initiate appropriate action, if so called, qua respondents No.6 to 18.

June 04, 2024 (ARCHANA PURI) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No VINEET GULATI 2024.06.04 15:58 I attest to the accuracy and authenticity of this document Chandigarh