Sukhwinder Kumar And ANR v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-44713-2024 Date of decision: 09.09.2024 SUKHWINDER KUMAR AND ANR.

....Petitioners V/s STATE OF PUNJAB AND ORS.

....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Navraj Singh, Advocate, for the petitioners. ***** MANJARI NEHRU KAUL, J. (ORAL) 1.

Prayer in the instant petition filed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 of the Constitution of India, is for issuance of directions to respondent No.2 to take appropriate action against the private respondents.

2.

Learned counsel for the petitioners submits that despite the petitioners having repeatedly approached the official respondents with respect to their grievance including a representation dated 17.07.2024 Annexure P-1 given against the private respondents, no steps have been initiated against the alleged accused.

3.

After arguing for some time, learned counsel for the petitioners prays for issuance of directions as per the parameters laid down by Hon'ble the Supreme Court in Lalita Kumari v. Government of Uttar Pradesh & Ors. : 2013 (4) RCR (Criminal) 979. Learned counsel for the petitioners submits that despite the petitioners having approached the POONAM RATHORE 2024.09.10 11:48 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-44713-2024 -2police for initiating action against the private respondents, the authorities concerned had been sitting over the matter. In support, he has drawn the attention of this Court to Annexure P-1 which is a representation moved by the petitioners. It has been submitted that the official respondents were under a legal obligation to pass an appropriate order on their representation. 5.

Notice of motion.

6.

On asking of the Court, Mr. Navdeep Singh, DAG, Punjab, accepts notice on behalf of the official respondents. 7.

In the wake of the limited prayer of the petitioners, the instant petition is disposed of and respondent No.2- Senior Superintendent of Police, SBS Nagar, is directed to look into the representation dated 17.07.2024 (Annexure P-1) and take appropriate steps, if any required, under the provisions of law. However, if respondent No.2 does not find any substance in the allegations levelled in the representation/application dated 17.07.2024 (Annexure P-1), then the petitioners shall be duly informed as per the parameters laid down by Hon'ble the Supreme Court in Lalita Kumari v. Government of Uttar Pradesh & Ors. : 2013 (4) RCR (Criminal) 979.

(MANJARI NEHRU KAUL) JUDGE September 09, 2024 poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2024.09.10 11:48 I attest to the accuracy and authenticity of this document High Court Chandigarh