Anup Kumar vs State Of Punjab & Others

Anoop Chitkara, J

Prayer in this petition filed under Section 482 CrPC is for issuance of direction to official respondents to take action in FIR No.0091 dated 14.7.2021 and providing security to the petitioner.

State report has been filed on behalf of the State, whereby it has been pointed out that in the preliminary investigation, nothing has surfaced in the FIR and as such, cancellation report has been prepared. There is no such danger to the life and liberty of the petitioner. However, the SHO has asked the petitioner to approach the police in case of any security threat.

However, learned counsel for the petitioner submits that there is still apprehension of threat to the petitioner.

If the allegations of apprehension of threat to life 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 petitioner for one week from today. However, if the petitioner no longer requires 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 petitioner.

This protection is subject to the stringent condition that from the time such protection is given, the petitioner shall not go outside the boundaries of the place of residence, except for medical necessities, to buy household necessities, and for bereavements in the families of the close relatives or close friends. This restriction saves the petitioner from apprehended risk and ensures that the protection is not flaunted.

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 petitioner is required in any cognizable case. It shall also be open for the petitioner to approach this Court again in case of any fresh threat perception.

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.