High CourtsSingle Bench(2023) 08 P&H CK 0013

Arwinder Kaur And Another vs State Of Punjab And Others

Punjab And Haryana At Chandigarh · Decided on 2 August 2023

HON’BLE JUDGES
Anoop Chitkara, J
RESULT
Allowed
CASE NUMBER
Criminal Writ Petition No. 7577 Of 2023

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Judgment

9 paragraphs · 504 words

Anoop Chitkara, J

1.

Fearing for their lives and liberty at the hands of the private respondents, the petitioners , who claim to have married aer aaining the permiss ible age for marriage, against the wishes of the private respondents, have come up before this Court by invoking their fundamental rights of life guaranteed under Article 21 of the Constitution of India, seeking direcon to the State to protect them.

2.

Noces 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 noces to the priva te respondents is required

3.

If the allegaons of apprehension of threat to th eir 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 protecon to the petitioners for one week from today. However, if the petitioners no longer require the protecon, then at their request it may be disconnued even before the expiry of one week. Aer that, the concerned officers shall extend the protecon on day-to-day analysis of the ground real ies or upon the oral or wrien request of the petitioners .

4.

This protecon is subject to the stringent condi on that from the me such protecon is given, the Petitioners r shall not go outsi de the boundaries of the place of residence, except for medical necessies, to buy ho usehold necessies, and for bereavements in the families of the close relaves or close friends. However, Petitioners r(s) shall be at liberty to shi the residence(s) and if the new place falls with the district, then the protecon shall be extended to such place. This restricon saves the Petitioners r from apprehended risk and ensures that the protecon is not flaunted.

5.

It is clarified that there is no adjudicaon on me rits 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 interrogaon of the petitioners is required in any co gnizable case. It shall also be open for the petitioner (s) to approach this Court again in cas e of any fresh threat percepon.

6.

This order shall eclipse aer fieen days from today .

7.

There would be no need for a cerfied copy of this o rder, and any Advocate for the Petitioners and State can download this order and othe r relevant parculars from the official web page of this court and aest it to be a true co py. The concerned officer can also verify its authencity and may download and use the downlo aded copy for immediate use.

Petition is allowed to the extent menoned above . All pending applicaons, if any, stand disposed.