Yashpal Kumar And Another v. State Of Punjab And Others

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr.No.103 CRWP No. 7848 of 2020.

Date of Decision: 30th September, 2020.

Yashpal Kumar & Anr.

...Petitioners

Versus

State of Punjab & Ors.

...Respondents

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

Present:

Mr. Mazlish Khan, Advocate, for the petitioners.

Ms.Bhavna Gupta, DAG, Punjab.

MEENAKSHI I. MEHTA (ORAL ) By way of the instant petition, the petitioners have sought the indulgence of this Court for issuance of direction to respondents No.1 to 3 to protect their life and liberty as they apprehend threat to the same at the hands of respondents No.4 to 6 because they (petitioners) have solemnized their marriage against the wishes of these respondents. A further prayer has also been made for issuance of direction to respondents No. 1 to 3 not to harass or interfere in their married life at the instance of the private respondents. It has also been mentioned in the petition that petitioner No.1 has already moved a representation (Annexure P-5) to respondent No.2-the Senior Superintendent of Police, Sangrur, on 23.09.2020, in this regard. Notice of motion to respondents No.1 to 3 only. At the asking of the Court, Ms. Bhavna Gupta, Deputy Advocate General, Punjab, accepts notice on behalf of respondents No.1 to 3. Heard.

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Learned counsel for the petitioners restricts his prayer to issuance of a direction to respondent No.2 to take appropriate action on the said representation (Annexure P-5).

Learned counsel for the State has no objection for the same. It is worthwhile to mention here that though Petitioner No.1Yashpal Kumar has annexed an affidavit deposing therein that he was born in the year 1999 and has not placed any other document on the file to prove his age but however, the protection of life and liberty is a fundamental right of every citizen as enshrined in Article 21 of the Constitution of India. Accordingly, without expressing any opinion on the legality and validity of the marriage, as stated to have been solemnized between the petitioners, respondent No.2-the Senior Superintendent of Police, Sangrur, is hereby directed to look into the said representation (Annexure P-5) and if it is found that the petitioners genuinely deserve any protection, then to take appropriate action in accordance with law.

It is clarified here that nothing contained in this order shall be construed to be a shield to the petitioners against any action already taken or intended to be taken by the competent Authority/person in respect of the matter as narrated in the representation (Annexure P-5) and permissible under any relevant provisions of law. This petition stands disposed of.

(MEENAKSHI I. MEHTA) JUDGE 30.09.2020.

seema Whether speaking/reasoned?

Yes/No Whether Reportable?

Yes/No

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