Gurkirat Singh v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 118 (2 cases) Date of Decision:-07.02.2023.

1.CRM-M-43495-2022 Gurkirat Singh ......Petitioner

Versus

State of Punjab and others ......Respondents 2.CRM-M-43478-2022 Gobinder Singh ......Petitioner

Versus

State of Punjab and others ......Respondents

CORAM:

HON'BLE MR. JUSTICEALOK JAIN ****

Present:

Mr. Gagan Pradeep S. Bal, Advocate for the petitioner. Mr. Arun Gupta, AAG, Punjab.

**** ALOK JAIN, J. (Oral) By this order, the above-mentioned two petitions shall be disposed of as both of them arise out of the same issues. The present petitions are for issuance of direction for protecting the life and liberty of the petitioner.

Learned counsel for the petitioner submits that the petitioner is a prosecution witness in FIR No.87 dated 06.06.2020 under Section 306 of IPC at Police Station Boha, District Mansa, however, he is being threatened by the accused and his accomplices directly and indirectly not to depose.

He further submits that, in fact, sudden unknown persons have fired around his house and had threatened that the said firing in air only to demonstrate their power and next time the firing would be at him also. Learned State Counsel submits that an inquiry was conducted on the said allegations and nothing came out, and in fact, the statement of the neighbours of the petitioner was also recorded. Without going into the merits of the case, learned State Counsel has submitted that State is bound to provide protection to the citizens and he specifically submits that the police authorities are ready to provide protection to the petitioner, whenever he needed. On a query made by this Court, as to what is the next date of hearing, it has been submitted that the next date of hearing for deposition of the petitioner is fixed on 19.05.2023.

Per contra, learned counsel for the petitioner has further submitted that in fact the inquiry done by the respondent-police is a sham as the empty cartridges were duly handed over to the police authorities but they are not looking into the same. He further submits that there is some additional materials also to demonstrate the threat perception to petitioner. In the light of the above, the present petition is disposed of with a direction to respondent No.3-SSP, Mansa, to look into the matter and if so required, provide appropriate protection by considering the threat perception to the petitioner, in accordance with law. However, it is specifically directed that at the time, the petitioner deposes in the said matter on 19.05.2023, she should be granted proper protection on the date of hearing.

Disposed of accordingly.

A photocopy of this order be placed on the file of another connected case.

(ALOK JAIN) JUDGE February 07, 2023.

Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No