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High Court of Punjab and HaryanaCRWP/7521/2023allowed

Saleem Shah v. State Of Punjab And Others

2023-08-02Mr. Justice Anoop Chitkara2 pages

CRWP No.7521 of 2023 2023:PHHC:098998

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP No.7521 of 2023 Date of Decision: 02.08.2023 Saleem Shah

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Anil Kumar Garg, Advocate for the petitioner.

Mr. Shiva Khurmi, AAG, Punjab.

**** ANOOP CHITKARA, J.

Fearing for life and liberty at the hands of the private respondents, the petitioner, invoking the fundamental right of life guaranteed under Article 21 of the Constitution of India, has come up before this Court seeking protection through the State. 2.

Counsel for the State submits that they have inquired into the matter from the private respondents, who have stated that the petitioner has nothing to fear from them 3.

At this stage, petitioner's counsel submits that he does not want to press his prayer regarding protection and confines his prayer and submits that he would be contended and satisfied in case he files a fresh representation before the concerned Commissioner of Police, the same may be decided within the time bound manner. Given the petitioner's stand, the present petition is disposed of with a direction that in case the petitioner files a new representation within one month from today, the concerned Commissioner of Police either personally or delegate the same to any IPS Officer under him, shall decide the same within two months from the date of filing of representation. It is clarified that such an order must be a reasoned order, and the same be communicated to the representationists without delay. 5.

Liberty reserved to the petitioner to file fresh petition or to take other legal remedies in accordance with the law, in case the petitioner is not satisfied with the outcome.

ANJU RANI 2023.08.02 16:40 I attest to the accuracy and integrity of this document

CRWP No.7521 of 2023 2023:PHHC:098998 6.

It is clarified that there is no adjudication on merits and this order shall not come in the way if the interrogation of the petitioner is required in any cognizable case. It is further clarified that all the representations mentioned in the present petition, which are pending as on date, are treated to be closed. 7.

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

8.

Petition is allowed in the terms mentioned above. All pending applications, if any, stand disposed.

(ANOOP CHITKARA) JUDGE 02.08.2023 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2023.08.02 16:40 I attest to the accuracy and integrity of this document