Sunil Kumar And ANR v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP No.10552 of 2020 (O&M) DATE OF DECISION: 17.12.2020 Sunil Kumar and another .....Petitioners versus State of Punjab and others .....Respondents CORAM:- HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Aditya Pratap Singh, Advocate for the petitioners ..

ALKA SARIN, J. (Oral):

Heard through video conferencing.

The present petition has been filed under Article 226 of the Constitution of India for giving directions to respondent Nos.1 to 3 to protect the life and liberty of the petitioners at the hands of respondent Nos.4 to 6.

Learned counsel for the petitioners would contend that on two occasions the private respondents had attacked the petitioners i.e. on 05.11.2020 and 06.11.2020. Petitioner No.2 had received injuries and, as per the learned counsel for the petitioners, injury No.1 was declared as simple in nature whereas injury No.2 was declared as grievous in nature. He would further contend that despite the complaint/representation dated 04.12.2020 (Annexure P-2) being filed before the Senior Superintendent of Police, Gurdaspur, no action has been taken in the matter. The petitioners are, thus, apprehending danger to their life and liberty. Learned counsel for the petitioners would further contend that at this stage he would be satisfied if the representation dated 04.12.2020 (Annexure P-2) is ordered to be decided in a time-bound manner and the petitioners are granted interim protection till the decision of their representation.

PARKASH CHAND 2020.12.18 11:25 I attest to the accuracy and integrity of this document

CRWP No.10552 of 2020 -2Notice of motion to the official respondents only at this stage and service upon the remaining respondents is dispensed with, since the matter is not being decided on merits. On the asking of the Court, Mr. V.G. Jauhar, Senior Deputy Advocate General, Punjab has joined the session through video conferencing and accepts notice on behalf of respondent Nos.1 to 3. Learned State counsel has no objection if the present petition is disposed off with a direction to respondent No.2 to decide the complaint/representation dated 04.12.2020 (Annexure P-2) sent by the petitioners.

In view of the limited prayer made by the learned counsel for the petitioners, the present petition is disposed off with a direction to respondent No.2 to decide the representation dated 04.12.2020 (Annexure P-2) within a period of 15 days from the receipt of the certified copy of the order. Till the decision on the said representation, the official respondents shall ensure the safety and security of the petitioners.

(ALKA SARIN) JUDGE 17.12.2020 parkash NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: YES/NO PARKASH CHAND 2020.12.18 11:25 I attest to the accuracy and integrity of this document