Gita v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-10680-2020(O&M) Date of decision : 22.12.2020 Gita ... Petitioner(s)

Versus

State of Haryana and others ... Respondent(s)

CORAM:

HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Dr. Deepak Jindal, Advocate for the petitioner. **** ALKA SARIN, J. (ORAL) Heard through video conferencing.

The present criminal writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus directing respondent Nos.2 and 3 to protect the life and liberty of the petitioner at the hands of respondent No.4. Learned counsel for the petitioner would contend that the petitioner, who is 19 years of age, was married to respondent No.4 in the year 2019. The husband of the petitioner i.e. respondent No.4 is an alcoholic and would often sit with his friends at home and drink and, thereafter, misbehave with the petitioner. The petitioner has left her matrimonial home and now, she is getting constant threats from respondent No.4. In this regard, the petitioner has given an application/representation dated 13.12.2020 (Annexure P-1) to respondent Nos.2 and 3. However, no action has been taken till date. The counsel for the petitioner would further contend that at this stage, the YOGESH SHARMA 2020.12.23 09:46 I attest to the accuracy and integrity of this document

CRWP-10680-2020(O&M) -2petitioner would be satisfied if the directions are issued to respondent Nos.2 and 3 to decide her application/representation dated 13.12.2020 (Annexure P-1) in a time-bound manner.

Notice of motion.

On the asking of the Court, Mr. Naveen Singh Panwar, DAG, Haryana has joined the session through video conferencing and accepts notice on behalf of the respondent(s)-State. Since the matter is not being decided on merits, the service on other respondents is dispensed with.

Heard learned counsel for the parties.

Without expressing any opinion with regard to the veracity of the contents of the petition and the submissions made by learned counsel for the petitioner, the present petition is disposed off with a direction to respondent Nos.2 and 3 to decide the application/representation dated 13.12.2020 (Annexure P-1) within a period of 15 days from the date of receipt of the certified copy of this order and take necessary action in accordance with law. It is, however, made clear that this order shall not, in any manner, be construed as an expression of opinion on the veracity of the contents of the present petition and submissions raised on behalf of the petitioner and shall have no effect on any other civil or criminal proceedings, if any, instituted/pending against her. ( ALKA SARIN ) JUDGE 22.12.2020 Yogesh Sharma NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO YOGESH SHARMA 2020.12.23 09:46 I attest to the accuracy and integrity of this document