Kulbir Singh v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP-10148-2023 Date of decision: 15.01.2025 KULBIR SINGH ....Petitioner V/s STATE OF PUNJAB AND OTHERS ....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Vivek Salathia, Advocate, for the petitioner. Mr.Shiva Khurmi, AAG, Punjab.

Ms.Jasneet Mehra, Advocate for respondent No.6. ***** MANJARI NEHRU KAUL, J. (ORAL) 1.

Prayer in the instant petition filed under Article 226/227 of the Constitution of India is for issuance of directions to respondents No.2 and 3 for protection of life and liberty of the petitioner and his family members at the hands of respondents No. 5 to 7.

2.

Learned State counsel, on instructions, has submitted that although the petitioner in compliance of order dated 10.12.2024 did appear before the Investigating Officer, Police Station Rajasansi, Amritsar (Rural), however, he did not hand over the mobile handset on which he has purportedly received threats from unknown persons/gangsters. Rather, as per the learned State counsel, he informed the Investigating Officer that he had lost his mobile handset on which he had been threatened by the unknown gangster in February, 2024 and furthermore, thereafter he had not received any threats on his new mobile handset ever since then. However, learned counsel appearing for the petitioner POONAM RATHORE 2025.01.18 15:15 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRWP-10148-2023 -2has refuted the instructions received by the learned State counsel and has instead submitted that even though his mobile handset had indeed been lost in February 2024, however, enough incriminating material qua the alleged threats received by the petitioner including emails had already been provided to the Investigating Officer and hence it was very strange that on one pretext or the other, the investigating agency was trying to shirk from its duties to protect the life and liberty of the petitioner who continues to apprehend threat at the hands of some criminals.

3.

Learned State counsel has however submitted that ever since the petitioner has purchased a new mobile phone, no fresh threats had been issued to the petitioner.

4.

Learned counsel for the petitioner has not disputed this submission of the State qua no fresh threats having been received after February, 2024. 5.

I have heard learned counsel for the parties and have perused the relevant material placed on record.

6.

In view of the statement made by the learned State counsel that no threats had been advanced to the petitioner since February, 2024 and no threat perception exists qua the petitioner as on date, instant petition stands disposed off. However, in case petitioner faces any threats in the future, he shall be at liberty to file a fresh representation to the authorities concerned, which shall be decided expeditiously and the authorities concerned shall take appropriate steps, as may be required, to come to the rescue of the petitioner. (MANJARI NEHRU KAUL) January 15, 2025 JUDGE poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2025.01.18 15:15 I attest to the accuracy and authenticity of this document High Court Chandigarh