Sukhvendra And ANR v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRWP No. 9125 of 2024 Date of Decision: 19.09.2024 Sukhvendra and another ...PeƟƟoners

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Ms. Ravinder Kaur, Advocate and Ms. Vandana Rani, Advocate for the peƟƟoners.

Ms. SwaƟ Batra, D.A.G., Punjab.

**** ANOOP CHITKARA, J.

Apprehending threat to their lives and liberty at the hands of the private respondents, the peƟƟoners have come up before this Court seeking protecƟon through the State, by invoking their fundamental rights of life guaranteed under ArƟcle 21 of the ConsƟtuƟon of India.

2.

NoƟces served upon the official respondents through the State's counsel. Given the nature of the order, this Court proposes to pass, neither the response of official respondents is required nor exists any requirement to issue noƟces to the private respondents.

3.

As per memo of parƟes, peƟƟoner No.1 is stated to be major. However, peƟƟoner No.2 (Name withheld) is a minor girl. 4.

If the allegaƟons of apprehension of threat to their lives turn out to be true, it might lead to an irreversible loss. Thus, in the facts and circumstances peculiar to this case, it shall be appropriate that the concerned Superintendent of Police, SHO, or any officer to whom such powers have been delegated or have been authorized in this regard, provide appropriate protecƟon to the peƟƟoners for one week from today. However, if the peƟƟoner No.1 no longer require the protecƟon, then it may be disconƟnued even before the expiry of one week. AŌer that, the concerned officers shall extend the protecƟon on day-to-day analysis of the ground realiƟes or upon the oral or wriƩen request of the peƟƟoner No.1.

5.

The protecƟon is subject to the stringent condiƟon that from the Ɵme such protecƟon is given, the peƟƟoners shall refrain from aƩending parƟes, bars, picnics or any area that may pose a risk to their life. The SHO should send police officer(s) to peƟƟoners' home to assess the required level of security. Once the assessment is done, the officer should provide adequate security without the peƟƟoners having to contact them.

6.

Learned counsel for the peƟƟoners to direct the peƟƟoners to aƩend the phone call(s) of the InvesƟgator. As far as the peƟƟoner No.2 is concerned, being a minor girl as soon as the InvesƟgator contacts her, he/she shall produce her to the nearest Judicial Magistrate and in case the Ɵme is not suitable immediately before a Child ProtecƟon Home and aŌer that produce her before the concerned Judicial Magistrate. The concerned Judicial Magistrate shall interact with her and it is the concerned Magistrate's discreƟon whether to record her statement under SecƟon 164 Cr.P.C or to proceed without that.

7.

Learned Judicial Magistrate will either send the minor to Child ProtecƟon Home or to her parents as per the result of the interacƟon with her. The idenƟty of the place where peƟƟoners are staying shall not be revealed to the private respondents. 8.

It is made clear that the minor peƟƟoner's custody shall NOT be handed over to the adult peƟƟoner. It is clarified that there is no adjudicaƟon on merits. It is also clarified that this order is not a blanket bail in any FIR for the peƟƟoners. It is further clarified that this order shall not come in the way if the interrogaƟon of peƟƟoner No.1 is required in any cognizable case. It shall also be open for peƟƟoner No.1 to approach this Court again in case of any fresh threat percepƟon. 9.

It is clarified that since there is no adjudicaƟon on merits, as such the pleadings shall not be read in evidence in any Court against the peƟƟoners. 10.

This order shall eclipse aŌer fiŌeen days from today. 11.

There would be no need for a cerƟfied copy of this order, and any Advocate for the PeƟƟoner and State can download this order and other relevant parƟculars from the official web page of this court and aƩest it to be a true copy. The concerned officer can also verify its authenƟcity and may download and use the downloaded copy for immediate use.

PeƟƟon is allowed to the extent menƟoned above. All pending applicaƟons, if any, stand disposed.

(ANOOP CHITKARA) JUDGE 19.09.2024 JyoƟ Sharma Whether speaking/reasoned:

Yes Whether reportable:

No.