Hina Riyaz And ANR v. State Of Punjab And Others

2023:PHHC:153933 CRWP-11687-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (127) CRWP-11687-2023 Date of Decision:-04.12.2023 Hina Riyaz and another ......Petitioners

Versus

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

CORAM:

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

Present:

Ms. Pooja Arora, 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. 2 & 3 to protect the life and liberty of the petitioners, who got married on 23.11.2023, at the hands of private respondents.

2.

Notice of motion to respondents No. 1 to 3.

3.

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.

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, Kapurthala, to take into consideration the request of the petitioners made vide PARUL 2023.12.04 18:13 I attest to the accuracy and authenticity of this document

2023:PHHC:153933 CRWP-11687-2023 representation dated 28.11.2023 (Annexure P-5) and take necessary action, in accordance with law.

6.

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.

7.

It is further made clear that filing or pendency of this petition or any order/direction passed in this petition shall not be an alibi or defence to the petitioners, in case, they are found involved in any illegal activity and the respondent-Authorities shall take appropriate action, in accordance with law.

8.

It is made clear to the petitioners that, in case, any averment made in this petition or in the representation dated 28.11.2023 (Annexure P-5) is found to be incorrect, the State Authorities are directed to take appropriate action, in accordance with law.

9.

However, since, this petition is being disposed of in limine, therefore, copy of the complete paper book be sent through registered post to respondents No. 4 to 6 as there is serious doubt with regard to their being even aware of the act and conduct of their children. (ALOK JAIN) JUDGE December 04, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2023.12.04 18:13 I attest to the accuracy and authenticity of this document