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High Court of Punjab and HaryanaCRWP/8679/2022allowed

Dharampal And ANR. v. State Of Punjab And Others

2022-09-08Mr. Justice Anoop Chitkara2 pages

CRWP No.8679 of 2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP No.8679 of 2022 Date of Decision:08.09.2022 Dharampal and another

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Vipul Babuta, Advocate for the petitioners. Mr. Harsimar Singh Sitta, DAG, Punjab.

**** ANOOP CHITKARA, J.

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

Learned counsel for the petitioners submits that he would confine his prayer to protection qua petitioner No.2 only for 19.09.2022 on which date he has been summoned as witness in a case and apprehending threat from the respondent. 3.

Notices served upon the official respondents through the State's counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of notices to the private respondents is required. 4.

The prayer is innocuous and not opposed by learned State counsel. 5.

Given above and also 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 protection to petitioner No.2 on 18.09.2022 from Mansa (place of residence) till his recording of the statement before the concerned Court at Hissar and up to his return home on 20.09.2022.

6.

It is clarified that there is no adjudication on merits and that this order is not a blanket bail in any FIR. It is further clarified that this order shall not come in the way if the interrogation of the petitioner is required in any cognizable case. It shall also be open for the petitioner to approach this Court again in case he is not examined on such date. SONIA ARORA 2022.09.09 14:53 I attest to the accuracy and integrity of this document

CRWP No.8679 of 2022 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. Petition is allowed to the extent mentioned above. All pending applications, if any, stand disposed.

(ANOOP CHITKARA) JUDGE 08.09.2022 sonia arora Whether speaking/reasoned:

Yes Whether reportable:

No.

SONIA ARORA 2022.09.09 14:53 I attest to the accuracy and integrity of this document