Suman And Another v. State Of Punjab And Others

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: August 27, 2024 Suman and another ......Petitioners

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

Mr.Kartik Sachdeva, Advocate for Mr.Sirat Sapra, Advocate for the petitioners.

........

RAJESH BHARDWAJ, J.(ORAL) At the outset, it has been submitted by learned counsel for the petitioners that inadvertently, he could not implead Senior Superintendent of Police, Hoshiarpur, as party/respondent and in his place he wrongly impleaded Senior Superintendent of Police, Fazilka as party/respondent No.2 and hence he prays to allow him to amend the memo of parties. Allowed as prayed for.

Senior Superintendent of Police, Hoshiarpur, is ordered to be impleaded as party/respondent No.2 in place of Senior Superintendent of Police, District Fazilka, Punjab. Amended memo of parties is taken on record.

Present petition has been filed under Articles 226/227 of the Constitution of India for directing respondents No.1 to 3 to protect the life and liberty of the petitioners and ensure safety of their person and property,

-2which is under threat from the hands of respondents No.4 to 7. It is further prayed to direct respondents No.1 to 3 not to falsely implicate petitioner No.2 and his family members into a false case of abduction of petitioner No.1 (falsely written as petitioner No.2) at the behest of private respondents and their relatives and friends since petitioner No.2 has married petitioner No.1 out of her own free will and without any pressure. Learned counsel for the petitioners states that both the petitioners are major and have married against the wishes of respondents No.4 to 7 and have sought protection to their life and liberty. They apprehend danger from respondents No.4 to 7. Their marriage certificate and photographs evidencing their marriage are on record as Annexures P-3 and P-4. Petitioner No.1 has submitted a representation, dated 17.08.2024 (Annexure P-5) to respondent No.2.

Notice of motion to respondents No.1 to 3-State only. On asking of the Court, Mr.Tarun Aggarwal, Sr.DAG, Punjab, who is present in Court, accepts notice on behalf of the respondents/State. Without entering upon an exercise to evaluate the evidentiary value of the documents placed on the file, I dispose of the petition with a direction to respondent No.2-Senior Superintendent of Police, District Hoshiarpur, Punjab, to decide the representation (Annexure P-5) of petitioner No.1 and grant protection to the petitioners, if any threat to their life and liberty is perceived. It is clarified that this order shall not be taken to grant immunity to the petitioners from legal action for violation of law, if any, committed by them. This order would not be understood having expressed any opinion whatsoever by this Court on the validity of the

-3marriage of the petitioners.

August 27, 2024 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No