Megha Grover And ANR v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Date of Decision: 18.11.2024 Megha Grover and another ...PeƟƟoners

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. M.S. Kaler, Advocate for the peƟƟoners.

Ms. SwaƟ Batra, D.A.G., Punjab.

**** ANOOP CHITKARA, J.

Apprehending threat to their lives and liberty at the hands of the private respondents, the peƟƟoners, who claim to be married, aŌer crossing eighteen years of age, have come up before this Court by invoking their fundamental rights of life guaranteed under ArƟcle 21 of the ConsƟtuƟon of India, seeking direcƟon to the State to protect them from the private respondents. 2.

NoƟces 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 noƟces to the private respondents is required. State counsel on instrucƟons from ASI Jaspal Singh submits that peƟƟoner No.1 who has been shown to be 18 years of age is infact minor and some manipulaƟon has been done in Aadhar Card. She further submits that an FIR has been registered against peƟƟoner No.2.

3.

If the allegaƟons 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 protecƟon to the peƟƟoners for one week from today. However, if the peƟƟoner No.2 no longer require the protecƟon, then it may be disconƟnued even before the expiry of one week. AŌer that, the concerned officers shall

extend the protecƟon on day-to-day analysis of the ground realiƟes or upon the oral or wriƩen request of the peƟƟoner No.2.

5.

The protecƟon is subject to the stringent condiƟon that from the Ɵme such protecƟon is given, the peƟƟoners shall refrain from aƩending parƟes, bars, picnics or any area that may pose a risk to their life. The SHO should send police officer(s) to peƟƟoners' home to assess the required level of security. Once the assessment is done, the officer should provide adequate security without the peƟƟoners having to contact them.

6.

Learned counsel for the peƟƟoners to direct the peƟƟoners to aƩend the phone call(s) of the InvesƟgator. As far as the peƟƟoner No.1 is concerned, being a minor girl as soon as the InvesƟgator contacts her, he/she shall produce her to the nearest Judicial Magistrate and in case the Ɵme is not suitable immediately before a Child ProtecƟon Home and aŌer that produce her before the concerned Judicial Magistrate. The concerned Judicial Magistrate shall interact with her and it is the concerned Magistrate's discreƟon whether to record her statement under SecƟon 183 BNSS or to proceed without that. If the Magistrate found her adult, he/she aŌer proper verificaƟon, allow her to go to place of her choice. 7.

In case, peƟƟoner No.1 is found to be minor, learned Judicial Magistrate will either send the minor to Child ProtecƟon Home or to her parents as per the result of the interacƟon with her. The idenƟty of the place where peƟƟoners are staying shall not be revealed to the private respondents.

8.

It is made clear that in case peƟƟoner No.1 is found to be minor, her custody shall NOT be handed over to the adult peƟƟoner. It is clarified that there is no adjudicaƟon on merits. It is also clarified that this order is not a blanket bail in any FIR for the peƟƟoners. It is further clarified that this order shall not come in the way if the interrogaƟon of peƟƟoners is required in any cognizable case. It shall also be open for peƟƟoners to approach this Court again in case of any fresh threat percepƟon. 9.

This order shall eclipse aŌer fiŌeen days from today. 10.

There would be no need for a cerƟfied copy of this order, and any Advocate for the PeƟƟoner and State can download this order and other relevant

parƟculars from the official web page of this court and aƩest it to be a true copy. The concerned officer can also verify its authenƟcity and may download and use the downloaded copy for immediate use.

PeƟƟon is allowed to the extent menƟoned above. All pending applicaƟons, if any, stand disposed.

(ANOOP CHITKARA) JUDGE 18.11.2024 JyoƟ Sharma Whether speaking/reasoned:

Yes Whether reportable:

No.