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High Court of Punjab and HaryanaCRM-M/52328/2025allowed

Rupinder Kaur And Another v. State Of Punjab And Others

2025-09-17Mr. Justice Anoop Chitkara2 pages

CRM-M-52328-2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-52328-2025 Date of decision: 17.09.2025 RUPINDER KAUR AND ANR.

...PETITIONERS

VERSUS

STATE OF PUNJAB AND ORS.

...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr.Sirmanjit Singh, Advocate for the petitioners. Mr. Akshay Kumar, Asst. AG, Punjab.

**** ANOOP CHITKARA, J. (ORAL) The present petition has been filed by the petitioners under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking a direction to the respondents for registration of a criminal case against the accused persons in accordance with the complaint/representation (Annexure P-3), in compliance with the judgment of the Hon'ble Supreme Court in Lalita Kumari vs. State of U.P.. The petitioners have also prayed for protection of their life and liberty, along with that of their minor children, and have approached this Court seeking such protection through the State. 2.

Counsel for the petitioners submits that he is confining the prayer in the present petition to a limited extent and seeking only a direction for protection of the life and liberty of the petitioners and their minor children.

3.

Notices served upon the official respondents through the State's counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of notices to the private respondents is required 4.

If the allegations 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 protection to the petitioners for one week from today. However, if the petitioners no longer require the protection, then at their request it may be discontinued even before the expiry of one week. After that, the concerned officers shall extend the protection on day-to-day analysis of the ground realities or upon the oral or written request of the petitioners. 5.

The protection is subject to the stringent condition that from the time such protection is given, the petitioners shall refrain from attending parties, bars, picnics or any area that may pose a risk to their life. The SHO should send police officer(s) to petitioners' home to Renu Bala 2025.09.18 14.46 I attest to the accuracy and integrity of this document

CRM-M-52328-2025 -2assess the required level of security. Once the assessment is done, the officer should provide adequate security without the petitioners having to contact them. 6.

It is clarified that if the petitioners visit any disputed place and the security officer becomes aware of it, they should advise the petitioners to avoid going there. If the petitioners still insist on going, the officer has the right to return to the police station due to petitioners' defiance of the order.

7.

It is clarified that there is no adjudication on merits and that this order is not a blanket bail in any FIR. It is further clarified that this order shall not come in the way if the interrogation of the petitioners are required in any cognizable case. It shall also be open for the petitioners to approach this Court again in case of any fresh threat perception. 8.

This order shall eclipse after fifteen days from today. 9.

Since this order shall eclipse after fifteen days, therefore, the concerned PSO shall also return back. After that, if the concerned Senior Superintendent of Police wants to provide any further security, he/she may provide at his/her own level and not based on the order of this Court.

10.

There would be no need for a certified copy of this order, and any Advocate for the Petitioner and State can download this order and other relevant particulars from the official web page of this court and attest it to be a true copy. The concerned officer can also verify its authenticity and may download and use the downloaded copy for immediate use. Petition is allowed to the extent mentioned above. All pending applications, if any, stand disposed.

17.09.2025 (ANOOP CHITKARA) renubala JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Renu Bala 2025.09.18 14.46 I attest to the accuracy and integrity of this document