Raj Kumari v. State Of Punjab And Others

CRM-M-28212-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-28212-2025 (O&M) Date of decision: 22.05.2025 Raj Kumari ....Petitioner

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Naveen Sheokand, Advocate with Mr. Vinay Gaur, Advocate for the petitioner. HARPREET SINGH BRAR J. (Oral) 1.

The present petition has been filed under Section 528 of BNSS, 2023, is for issuance of directions to respondents No.2 and 3 to safeguard the possession of House No.486-A, Shiva Enclave, Bhabat, Zirakpur, Punjab, at the hands of the private respondents. Further prayer has been made to direct respondents No.2 and 3 to protect the life and liberty of the petitioner at the hands of her son, his wife and daughter of the petitioner and her husband i.e. respondents No.4 to 7. 2.

Learned counsel for the petitioners, inter alia, contends that the petitioner is a 58 years old widowed lady who owns and resides in House No.486-A, Shiva Enclave, Bhabat, Zirakpur, which was purchased in her name by her late husband. She has three married children who were living separately, but her elder son (respondent No.4) and his wife (respondent No.5) forcibly entered her home and started living there against her will. Despite repeated requests, they refused to leave and started harassing her, eventually becoming violent and abusive. The petitioner even disowned them through a deed dated 11.04.2025 (Annexure P-2) after realizing their intentions to grab her property. He further contends that the petitioner is suffering from Asthma, and is living on her late husband's pension, and she is being MOHD YAKUB 2025.05.23 16:26 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CRM-M-28212-2025 physically assaulted and financially exploited by the private respondents and despite filing a representation (Annexure P-2) with police authorities, no action has been taken.

3.

Learned counsel for the petitioner further submits that the petitioner would be satisfied, in case a direction is issued to respondent No.2 to consider and decide the representation (Annexure P-2) submitted by the petitioner in a time bound manner. 4.

Notice of motion to the official respondents only. 5.

On asking of the Court, Mr. Subhash Godara, Addl. A.G., Punjab, accepts notice on behalf of respondents No.1 to 3 - State. Learned counsel for the petitioner is directed to supply copy of complete paperbook to counsel opposite during the course of the day. 6.

Keeping in view the limited prayer made by the petitioner and without commenting anything on the merits of the case, present petition is disposed of with a direction to respondent No.2 to consider and decide the representation (Annexure P-2) submitted by the petitioner within a period of four weeks from the date of receipt of certified copy of this order, in accordance with law. (HARPREET SINGH BRAR) JUDGE 22.05.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2025.05.23 16:26 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh