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High Court of Punjab and HaryanaCRWP/9882/2023allowed

Yashika Walia And Another v. State Of Punjab And Others

2023-10-06Mr. Justice Alok Jain2 pages

2023:PHHC:129601 CRWP-9882-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (119) CRWP-9882-2023 Date of Decision:-06.10.2023 Yashika Walia and another ......Petitioners

Versus

State of Punjab and others ......Respondents

CORAM:

HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. G.S. Bhinder, Advocate for Mr. S.K. Choudhary, Advocate for the petitioners. **** ALOK JAIN, J. (Oral) 1.

The present petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus directing respondents No. 1 to 3 to protect the life and liberty of the petitioners, who got married on 04.10.2023, at the hands of private respondents.

2.

Notice of motion to respondents No. 1 to 4.

3.

On asking of the Court, Mr. Kamalpreet Bawa, AAG, Punjab, who is present in the Court, accepts notice on behalf of State/respondents No.1 to 4.

4.

Considering the nature of the order being passed, there is no necessity to serve the private respondents or to seek a reply from any one of the respondents.

5.

In light of the above, the petition is disposed of with a direction to respondent No.2-Senior Superintendent of Police, Pathankot, PARUL 2023.10.07 11:18 I attest to the accuracy and authenticity of this document

2023:PHHC:129601 CRWP-9882-2023 District Pathankot, Punjab, to take into consideration the request of the petitioners made vide representation dated 04.10.2023 (Annexure P-5) and take necessary action, in accordance with law. 6.

This petition is being considered only for the purpose of protection of life and liberty of the petitioners and the filing, pendency or the orders passed by this Court in this petition shall neither be construed as any stamp of the Court qua the relationship/marriage of the petitioners nor shall be relied upon by any authority/Court in any proceedings initiated against them under any other provision of law. 7.

This order shall not operate as an alibi or defence to any proceedings which might be pending or may arise against the petitioners. Although, the State is duty bound to protect its citizens and only with the said motive, the present order/directions have been passed. 8.

It is made clear to the petitioners that, in case, any averment made in this petition or in the representation dated 04.10.2023 (Annexure P-5) is found to be incorrect, the State Authorities are directed to take appropriate action, in accordance with law.

(ALOK JAIN) JUDGE October 06, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2023.10.07 11:18 I attest to the accuracy and authenticity of this document