Sajan And ANR. v. State Of Punjab And Others

CRWP-6283-2023 2023:PHHC:083348

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-6283-2023 Date of Decision: 04.07.2023 Sajan and another ...PeƟƟoners

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Lakhwinder Singh Lakhanpal, Advocate for the peƟƟoners. Mr. Karunesh Kaushal, AAG, Punjab.

**** ANOOP CHITKARA, J.

1. Fearing for their lives and liberty at the hands of the private respondents, the peƟƟoners have come up before this Court seeking protecƟon through the State, by invoking their fundamental rights of life guaranteed under ArƟcle 21 of the ConsƟtuƟon of India.

2.

Given the nature of the order, this Court proposes to pass, neither the response of official respondents is required nor exists any requirement to issue noƟces to the private respondents.

3.

As per memo of parƟes, peƟƟoner No. 1 is stated to be major. However, peƟƟoner No. 2 (Name withheld) is a minor girl. 4.

If the allegaƟons of apprehension of threat to their lives turn out to be true, it might lead to an irreversible loss. Thus, in the facts and circumstances peculiar to this case, it shall be appropriate that the concerned Superintendent of Police, SHO, or any officer to whom such powers have been delegated or have been authorized in this regard, provide appropriate protecƟon to the peƟƟoners for one week from today. However, if the peƟƟoner No.1 no longer require the protecƟon, then it may be disconƟnued even before the expiry of one week. AŌer that, the concerned officers shall extend the protecƟon on day-to-day analysis of the ground realiƟes or upon the oral or wriƩen request of the peƟƟoner No.1.

5.

This protecƟon is subject to the stringent condiƟon that from the Ɵme such protecƟon is given, peƟƟoner No. 1 shall not go outside the boundaries of the place of their residence, except for medical necessiƟes, to buy household necessiƟes, and bereavements in the families of the persons who are close to them. However, JYOTI 2023.07.05 14:01 I attest to the accuracy and integrity of this order/judgment.

CRWP-6283-2023 2023:PHHC:083348 peƟƟoner(s) shall be at liberty to shiŌ the residence(s) and if the new place falls with the district, then the protecƟon shall be extended to such place. This restricƟon saves peƟƟoner no.1 from apprehended risk and ensures that the protecƟon is not flaunted. 6.

Counsel for the peƟƟoners to direct the peƟƟoners to aƩend the phone call(s) of the InvesƟgator. As far as the peƟƟoner No. 2 is concerned, being a minor girl as soon as the InvesƟgator contacts her, he shall produce her to the nearest Judicial Magistrate and in case the Ɵme is not suitable immediately before a Child ProtecƟon Home and aŌer that produce her before the concerned Judicial Magistrate. The concerned Judicial Magistrate shall interact with her and it is the concerned Magistrate's discreƟon whether to record her statement under SecƟon 164 Cr.P.C or to proceed without that. 7.

Learned Judicial Magistrate will either send the minor to Child ProtecƟon Home and to her parents as per the result of the interacƟon with her. The idenƟty of the place where peƟƟoners are staying shall not be revealed to the private respondents. 8.

It is clarified that there is no adjudicaƟon on merits. It is also clarified that this order is not a blanket bail in any FIR for the peƟƟoners. It is further clarified that this order shall not come in the way if the interrogaƟon of peƟƟoner No.1 is required in any cognizable case. It shall also be open for peƟƟoner No.1 to approach this Court again in case of any fresh threat percepƟon.

9.

This order shall eclipse aŌer thirty days from today. 10.

There would be no need for a cerƟfied copy of this order, and any Advocate for the PeƟƟoners and State can download this order and other relevant parƟculars from the official web page of this court and aƩest it to be a true copy. The concerned officer can also verify its authenƟcity and may download and use the downloaded copy for immediate use.

PeƟƟon is allowed to the extent menƟoned above. All pending applicaƟons, if any, stand disposed.

(ANOOP CHITKARA) JUDGE 04.07.2023 JyoƟ-II Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2023.07.05 14:01 I attest to the accuracy and integrity of this order/judgment.