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High Court of Punjab and HaryanaCRWP/12455/2024allowed

Ashwani Gupta v. State Of Punjab And Others

2024-12-20Mr. Justice Anoop Chitkara1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP-12455-2024 Date of Decision: 20.12.2024 ASHWANI GUPTA ... PETITIONER VS.

STATE OF PUNJAB AND OTHERS .. RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Arjun Kapur, Advocate, for the petitioner. Ms. Swati Batra, DAG, Punjab.

****** ANOOP CHITKARA , J.(ORAL) Seeking issuance of directions to the official respondents No. 1 to 3 to protect the life and liberty from the hands of respondent No.4, the petitioner has come up before this Court under Article 226 of the Constitution of India. 2.

Notices are served upon the official respondents through the State's counsel.

3.

At this stage, counsel for the petitioner submits that the he would be contended and satisfied if representation dated 16.12.2024 (Annexure P-1) is decided in a time bound manner.

4.

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.

5.

Let the representation dated 16.12.2024 (Annexure P-1) be decided by the concerned authority DIG (Patiala Range) himself/herself or delegating the same to any other officer having rank of Dysp by 28.02.2025. It is clarified that such order must be a reasoned order, and the same be communicated to the representationist as well as his counsel without delay through e-mail and the petitioners' counsel would give his email id to the State counsel today itself. 6.

Liberty reserved to the petitioners to file fresh petition or to take other legal remedies in accordance with the law.

7.

It is clarified that there is no adjudication on merits. 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.

8.

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.

9.

Petition is allowed with the aforesaid observation. All pending applications, if any, stand disposed.

20.12.2024 (ANOOP CHITKARA ) smriti JUDGE Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No SMRITI 2024.12.20 18:18 I attest to the accuracy and authenticity of this order/judgment