Shobha Rani And Another v. State Of Punjab And Others

CRWP No.8766 of 2021 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRWP No.8766 of 2021 Date of decision:15.09.2021 Shobha Rani and another ... Petitioners Vs.

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Virender Singh, Advocate for the petitioners.

SUVIR SEHGAL, J. (Oral) Heard through video conferencing.

Petitioners have filed the present petition seeking direction to respondents No.1 to 3 to protect their life and liberty from the hands of respondents No.4 & 5, their friends and relatives. Shobha Rani (petitioner No.1) claims to be 39 years and Inderjit Singh (petitioner No.2) claims to be 48 years of age. Both the petitioners were earlier married. However, husband of petitioner No.1 expired on 15.08.2020, whereas, wife of petitioner No.2 is alive. Despite the fact that she has given 'No Objection' to her husband to live with another woman, such petition cannot be entertained.

SAVITA KADIAN 2021.09.16 17:01 I attest to the accuracy and integrity of this document High Court Chandigarh

CRWP No.8766 of 2021 {2} In view of the above, the present petition is not maintainable. A Co-ordinate Bench of this Court, vide order dated 14.05.2019 passed in CRM-M-21763-2019, Dimple and another Versus State of Haryana and others, in similar situation, had directed that in case the petitioners fear any threat to their life and liberty they may approach the Senior Superintendent of Police, who will consider their request. Accordingly, it is directed that if the petitioners approach the police authorities, they shall independently assess the threat perception, if any to their life and liberty and may provide the required protection. However, it is also made clear that this order shall not be taken to validate the alleged relationship of the petitioners or entitle them for any protection against their arrest or continuance of any criminal proceedings, if they are found involved in the commission of any cognizable offence. In case, the petitioners have committed any offence, the law will take its own course.

With the abovesaid observations and directions, the present petition stands disposed of.

(SUVIR SEHGAL) September 15, 2021 JUDGE savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2021.09.16 17:01 I attest to the accuracy and integrity of this document High Court Chandigarh