Som Dutt v. State Of Haryana And Others

CRWP No. 8154 of 2023 2023:PHHC:107827

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP No. 8154 of 2023 Date of Decision: 21.08.2023 Som DuƩ ...PeƟƟoner

Versus

State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. G.S. Salana, Advocate for the peƟƟoner.

Mr. Manish Bansal, Sr. D.A.G, Haryana.

**** ANOOP CHITKARA, J.

The present peƟƟon has been filed under ArƟcle 226/227 of the ConsƟtuƟon of India with a prayer to issue direcƟons to respondents No. 1 to 3 for the protecƟon of life and liberty to the peƟƟoner at the hands of respondents No. 4 and 5 as well as unnecessary harassment at the instance of respondents No. 6 to 8. 2.

NoƟces are served upon the official respondents through the State's counsel. State counsel on instrucƟons submits that there is nothing to fear from the official respondents because they are duty bound to obey the law and not to trouble the people. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of noƟces to the private respondents is required.

3.

Counsel for the peƟƟoner submits that he would be saƟsfied in case direcƟons may be issued to respondent No. 2 to decide the representaƟon dated 25.07.2023 (Annexure P-1) in a Ɵme bound manner.

4.

Let the representaƟon dated 25.07.2023 (Annexure P-1) be decided by the concerned Superintendent of Police, within 15 days, either himself/herself or by authorizing and delegaƟng it to any officer holding IPS cadre. It is clarified that such order must be a reasoned order, and the same be communicated to the counsel as well as representaƟonists without delay. In case of any threat to his life, peƟƟoner is at liberty to approach the concerned Senior Superintendent of Police, who shall provide him protecƟon aŌer analyzing ground reality on day to day basis. JYOTI 2023.08.22 13:08 I attest to the accuracy and integrity of this order/judgment.

CRWP No. 8154 of 2023 2023:PHHC:107827 5.

Liberty reserved to the peƟƟoners to file fresh peƟƟon or to take other legal remedies in accordance with the law.

6.

It is clarified that there is no adjudicaƟon on merits. It is further clarified that this order shall not come in the way if the interrogaƟon of the peƟƟoners is required in any cognizable case.

7.

It is further clarified that counsel for the peƟƟoner shall provide his email i.d with the State counsel during the course of the day. 8.

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

PeƟƟon is allowed to the extent menƟoned above. All pending applicaƟons, if any, stand disposed.

(ANOOP CHITKARA) JUDGE 21.08.2023 JyoƟ-II Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2023.08.22 13:08 I attest to the accuracy and integrity of this order/judgment.