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High Court of Punjab and HaryanaCRWP/7714/2024disposed of

Rabina And Another v. State Of Haryana And Others

2024-09-03Mr. Justice Kuldeep Tiwari3 pages



      

  

 

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81. Through the instant criminal writ petition, as filed under Article 226 of the Constitution of India, the petitioners have sought issuance of directions upon the respondents No.1 to 3, to ensure protection of their lives and liberty at the hands of the private respondents No.4 to 14.

2. A perusal of the instant criminal writ petition reveals that, consequent upon demise of her spouse, the petitioner No.1, who has three children, has now solemnized remarriage with the petitioner No.2, who is

  already married with one Jannati (respondent No.13) and has six children.

3. Notice of motion for 03.09.2024.

4. Mr. Rajesh Gaur, Addl. A.G., Haryana, waives service of notice on behalf of the respondents No.1 to 3.

5. Subject to requisite process fee being filed by the learned counsel for the petitioners, notices be issued to the respondents No.4 to 14.

6. Also, on the subsequent date of hearing, the learned State counsel is directed to file a reply, on affidavit of a responsible functionary, detailing therein, whether the threat perception, as alleged by the petitioners, genuinely exists or the same is based upon mere assumptions and presumptions.9 3  !%)&!(&41)(!-&!&!&&

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 The copies of the statements of petitioners annexed as Annexure R-1 to R-2. It is further relevant to mention here that private respondents are also joined in the enquiry proceedings and the local police has also recorded the statements of the private respondents, who have categorically stated in their statements that the petitioners have solemnized marriage at their free will and they (Private respondents) have not created any danger to the petitioners for their life and property. They will also not create any danger for the life and property of the petitioners in future also. The copies of the statements of the private respondents are annexed as Annexure R-3 to R13.

5. That the enquiry officers after conducting detailed enquiry in the present case, he has submitted his enquiry report which annexed as Annexure R- 14. He has clearly held in his enquiry report that the apprehension of danger to the petitioners is imaginary and misconceived. True facts are that they have also admitted in their statements that they have no apprehending danger to them at the hands of private respondents and they are residing happily in lage Sihri Singalhedi, P.S Punhana, District-Nuh.9    -7  ) 4-,  (!)! &!  !=(!&  4 %&,)!!,)%.&  2  *+,+-!&/.1  &$ " % )  

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