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High CourtsSingle Bench(2023) 08 P&H CK 0019

Hardip Singh vs State Of Punjab And Others

Punjab And Haryana At Chandigarh · Decided on 1 August 2023

HON’BLE JUDGES
Anoop Chitkara, J
RESULT
Allowed
CASE NUMBER
Criminal Writ Petition No. 896 Of 2023

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Judgment

9 paragraphs · 350 words

Anoop Chitkara, J

1.

The present petition has been filed under Article 226 of the Constitution of India for issuance of a writ, order or direction in the nature of Mandamus directing respondent No. 2 to protect the life and liberty of the petitioner along with his family members at the hands of respondent No. 4 and his accomplices.

2.

Counsel for the petitioner submits that he does not press the protection at this stage. However, he further submits that the petitioner be permitted to file a fresh representation and the said representation be decided in a time bound manner.

3.

Counsel appearing for private respondents submits that there is nothing to fear from them.

4.

Let the petitioner represent the concerned Senior Superintendent of Police/ Commissioner of Police, within two weeks from today. If the petitioner files a representation within the above-mentioned time period of two weeks, then, the same shall be decided by the concerned Senior Superintendent of Police/ Commissioner of Police, within two months, either himself/herself or by authorizing and delegating it to any officer holding IPS cadre. It is clarified that such order must be a reasoned order, and the same be communicated to the representationists without delay.

5.

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

6.

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 petitioner is required in any cognizable case.

7.

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. Liberty reserved to the petitioner to seek protection, in case, need arises. All pending applications, if any, stand disposed.