Swati And Another v. State Of Haryana And Others










 









  Date of decision: 08.07.2025 Swati and Anr.

...Petitioners

VERSUS

State of Haryana and Ors.

...Respondents

CORAM : HON'BLE MRS. JUSTICE SUKHVINDER KAUR

Present:

Mr. Nikhil Chopra, Advocate for the petitioners.




  



 


Prayer in the instant petition filed under Article 226 of the Constitution of India, is for issuance of directions to respondent No.2 to provide protection of life and liberty to the petitioners from the hands of respondents and further to take action on the representation dated 04.07.20225 (Annexure P-2).

It is the case of the petitioner that petitioner No.2 is working in the Indian Army and remained posted at different places. In the year 2025 petitioner No.2 was posted at Sikkim and was performing his duty with dedication however, due to certain disturbance in Sikkim the family of petitioner No.2 is residing at west Bengal. As the petitioner wanted to purchase a residential home, so he entered into an agreement to sell with one Pushpa Devi and got executed/registered a sale deed in favour of his mother namely, Om Devi and said property was purchased by petitioner No.2 out of his salary besides raising loan from ICICI Bank and installments of said loan are still being paid by the petitioner. After purchase

of the plot, petitioner No.2 constructed the house over the purchased plot at Kurukshetra. Later on a dispute arose between the family members in respect of said house and a civil suit in this regard is pending consideration before the trial Court. At the instance of Anil Kumar, brother of the petitioner No.2, the police is pressurizing the petitioners to vacate the house in question. They are time and again calling them to the police station without any complaint/FIR. On 27.06.2025, petitioner No.2 was detained by the police without arrest or explanation of charges. Upon being asked the police refused to provide any information qua any complaint and the petitioner No.2 was subjected to third degree torture and was made to confess the theft. Later on, the petitioner No.

2 was released late night and was further asked to appear on the next date i.e. 28.06.2025. Even it is apparent from the call recordings of police official that there is no such complaint made against the petitioners so far. Learned counsel for the petitioners has contended that the petitioners are frequently being harassed at the hands of police officials at the instance of Anil Kumar, brother of petitioner No.2. It is further submitted that the petitioners had filed various representations including the representation dated 20.06.2025 (Annexure P6) before respondent No.5, but till date no action has been taken.

During the course of arguments, learned counsel for the petitioner has stated that the petitioners would be satisfied, in case, the pending representation dated 04.07.2025 (Annexure P-2) is decided by respondent No.2.

Notice of motion.

Mr. Arjun Lakhanpal, Addl. A.G. Haryana, accepts notice and submitted that he has no objection if the aforesaid representation dated

04.07.2025 (Annexure P-2) is decided.

In view of the above, the petition is disposed of with a direction to respondent No.2-the Superintendent of Police, Kurukshetra, to look into the representation dated 04.07.2025 (Annexure P-2), at the earliest and to take necessary steps, if any required, in accordance with law. Disposed of.

08.07.2025 (SUKHVINDER KAUR) jyoti3 JUDGE