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High Court of Punjab and HaryanaCRWP/10907/2023allowed

Suman And Another v. State Of Punjab And Others

2023-11-08Mr. Justice Alok Jain3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (119) Date of Decision:-08.11.2023 Suman and another ......Petitioners

Versus

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

CORAM:

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

Present:

Mr. Nitish, 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 official respondents to protect the life and liberty of the petitioners, who got married on 04.11.2023, at the hands of private respondents.

2.

Learned counsel for the petitioners does not press any relief against private respondents No. 8 to 22, who are the close relatives of petitioner No. 1.

3.

Notice of motion to respondents No. 1 to 3.

4.

On asking of the Court, Mr. Siddharth Attri, AAG, Punjab, who is present in the Court, accepts notice on behalf of State/respondents

No.1 to 3.

5.

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.

6.

In light of the above, the petition is disposed of with a direction to respondent No.2-The Senior Superintendent of Police, Fazilka, to take into consideration the request of the petitioners made vide representation dated 04.11.2023 (Annexure P-5) and take necessary action, in accordance with law.

7.

The petitioners are directed to visit respondents No. 4 & 5 after informing respondent No. 3-SHO Police Station Sadar, Jalalabad, District Fazilka on 11.11.2023 at 11:00 A.M. and in case, the petitioners fail to abide by this order and do not go to meet the respondents No. 4 & 5, this Court shall impose exemplary cost on them.

8.

It is made clear that the filing of this petition and any order passed herein does not approve or disapprove the relationship/marriage of the petitioners and is not a stamp by the Court qua their relationship/marriage as this petition is considered only for the purpose of ensuring the protection of life and liberty of petitioners being citizen of this country and for no other reason.

9.

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. 10.

It is made clear to the petitioners that, in case, any averment made in this petition or in the representation dated 04.11.2023

(Annexure P-5) is found to be incorrect, the State Authorities are directed to take appropriate action, in accordance with law. 11.

List on 17.11.2023 for compliance.

(ALOK JAIN) JUDGE November 08, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No