← Library
High Court of Punjab and HaryanaCRWP/10840/2021disposed of

Rekha And ANR v. State Of Punjab And Others

2022-03-25Mr. Justice Jasgurpreet Singh Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP-10840-2021 (O&M).

Decided on: March 25, 2022.

Rekha and another ... Petitioners

Versus

The State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI PRESENT:

Mr.Mehar Singh, Advocate, for the petitioners.

Mr.Bhupender Beniwal, AAG, Punjab.

JASGURPREET SINGH PURI , J. (Oral) The present petition has been filed under Article 226 of the Constitution of India, with a prayer for issuance of a writ, order or direction to the official respondents to protect the life and liberty of the petitioners and also to take appropriate legal action against the private respondents for locking petitioner No.2 in the almirah and for giving beating mercilessly and making illegal confinement. The learned counsel for the petitioners has submitted that

petitioner No.1 is the mother of the petitioner no.2 and petitioner No.2 was married with one Sanjiv (respondent No.11) and thereafter atrocities were committed upon her and even the father of petitioner no.2 tried to rape her. He submitted that now an affidavit has been filed by the State in which, it has been stated that an inquiry has been conducted wherein it was found that petitioner no.2 was major at the time of marriage to her husband Sanjiv and therefore, the factum of rape would not be there. He further submitted that be that as it may, he confines the prayer in the present petition to the protection of lives of the petitioners because there is an imminent threat to them at the hands of private respondents.

Learned State counsel has submitted that it is a case where a detailed inquiry has been conducted and nothing was found against the private respondents and so far as the prayer for protection of the lives of the petitioners is concerned, the State has no objection in that regard. I have heard the learned counsel for the parties. The scope of the present petition has been confined only to the extent of protection of lives of the petitioner because according to the learned counsel for the petitioners there is imminent threat to the lives of the petitioners.

In view of above, since the scope of the present petition has been confined to the protection of lives of the petitioners, this petition is disposed of with a direction to respondent No.3 - SSP, S.A.S.Nagar, Mohali, to assess the threat perception to the petitioners who are ladies and

in case any threat exists then to take further appropriate action in accordance with law.

Let the needful be done within a period of one week after the receipt of a copy of this order.

March 25, 2022 (JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking :

Yes/No Whether reportable :

Yes/No