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High Court of Punjab and HaryanaCRWP/6050/2024disposed of

Amandeep Kaur And Others v. State Of Punjab And Others

2024-06-28Mrs. Justice Manisha Batra3 pages

  

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The petitioners are seeking issuance of directions in nature of mandamus by directing the respondents No. 2 and 3 to protect their lives and liberty from the private respondents No. 4 to 7 by invoking the jurisdiction under Article 226 of Constitution of India.

2.

It is submitted by the petitioners that a case bearing FIR No. 118 dated 01.06.2024 has been got registered against respondent No.4 under Sections 342 and 376 of IPC at Police Station Sangrur on the statement of victim 'V' (name withheld) who is cousin sister of the petitioner No.1. The petitioners are witnesses in the said case. The respondent No.4 and his father i.e. respondent No.5 alongwith other private respondents have been exerting pressure upon them to compromise the matter and on refusal of the victim and the petitioners to do so, they have been extending threats to eliminate

them. They have been visiting the house of petitioner No.1. Even on 12.06.2024, they visited her house and exerted pressure upon the petitioners. It is submitted that the petitioners are under great fear and stress. They also filed a representation Annexure P-4 with the official respondents on 18.06.2024 but no action has been taken. Hence, the present petition has been filed.

3.

Notice of motion.

4.

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! %&!   accepts notice on behalf of respondents No. 1 to 3 and has submitted that concerned authorities will look into the matter and take the decision on the representation of the petitioners in accordance with law.

5.

After hearing the submissions made by learned counsel for the petitioners as well as learned State counsel and without going into the merits of the case and considering question of safety of the petitioners which should be the first and foremost concern at this stage, this petition is disposed of with a direction to respondent No.2 to consider the representation (Annexure P-4) dated 18.06.2024 within a period of fifteen days from today and to dispose of the same in accordance with law and simultaneously to take remedial measures to protect life and liberty of the petitioners, if it is found that there is genuine threat to the same and to ensure that no harm is caused to them till the statements of these witnesses are recorded before the learned trial Court.

6.

A copy of this order along with copy of representation (Annexure P-4) be sent to respondent No.2 so as to enable him to do the

needful expeditiously. It is, however, made clear that if the petitioners are otherwise found to be involved in any other case in such eventuality, this order shall not preclude the competent authority from taking appropriate action against them and this order shall not confer any immunity upon them, in case it is found that they have committed any wrong. 2+.3  

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