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Judgment
G.S. Sandhawalia, J.
Crl. Misc. No. 64606 of 2012
Application filed u/s 482 Cr.P.C. seeking exemption from filing the certified copies of Annexures is allowed in view of averments made in the application, which are duly supported by an affidavit.
Crl. Misc. No. M-33829 of 2012
The present petition has been filed u/s 482 Cr.P.C. for directing respondents No. 1 to 3 to protect the life and liberty of the petitioners by providing necessary protection to the lives of the petitioners who are apprehending grave danger to their lives and liberty at the hands of respondents No. 4 to 7. Further direction was also sought to the respondents not to interfere or endanger the peaceful married life of the petitioners. The pleaded case of the petitioners is that the petitioners are married and the date of birth of petitioner no. 1 is 17.6.1990 and that of petitioner No. 2 is 8.1.1990. In support of the said, the certificate of secondary examination issued by the Board of School Education, Haryana is appended as annexure P-3 in case of petitioner no. 1 and the school leaving certificate issued by Government Primary School, Haripur in case of petitioner no. 2 is appended as Annexure P-4. It is further pleaded that the petitioners have got married on 22.10.2012 at Purohit Balwan Place, Panchkula, Sector 5, Durga Mata Mandir according to Hindu rites and ceremonies. In support of the marriage, copy of marriage ceremony certificate are appended as Annexure P-2 and photographs of marriage are appended as Annexure P-1. Petitioner no. 2 is plying a taxi and is earning Rs. 10,000/- to Rs. 15,000/- per month and the petitioners have sufficient means to live their life peacefully. However, family members of petitioner no. 1 are not happy with the marriage whereas family members of petitioner no. 2 have no objection. The respondents No. 4 to 7 have no right to interfere or endanger the peaceful married lives of the petitioners. The respondents no. 4 and 5 are the parents of petitioner no. 1 whereas respondents no. 6 and 7 are the sister and her husband. The said persons are creating danger to the lives of the petitioners and they are threatening the petitioners in false implication in criminal case and it is not possible for the petitioners to live without protection. The petitioners have sent representation dated 22.10.2012 to respondent no. 2 regarding the threat to the lives of the petitioners.
During the course of the proceedings, counsel for the petitioners also filed an affidavit of petitioner no. 1 stating that at about 10.30 AM in the morning when they were present at Gate No. 1 then respondent no. 5, Poonam elder sister and brother Sandeep of petitioner no. 1 attacked petitioner no. 2 who was saved by the people present there. It is further averred that they are present nearby the Court premises and the petitioners have danger from the said persons,
After hearing learned counsel for the petitioners and without expressing any opinion on the merits regarding the proof of age and validity of marriage, this petition is disposed of with the direction to respondents No. 2 and 3 to look into the representation filed by the petitioners and take appropriate action in accordance with law keeping in view the law laid down by the Hon''ble Apex Court in Lata Singh Vs. State of U.P. and another 2006(2) SCC (Criminal) 478.
The Security Officer incharge of the Security Post of this Court is directed to get in touch with the Station House Officer of police Station, Sector 3, Chandigarh and ensure that the petitioners are peacefully escorted out of the Court premises. The Station House Officer of the Police Station, Sector 3, Chandigarh is further directed to ensure that the petitioners are escorted safely to the premises of respondent no. 2.
The petition stands disposed of. Copy of this order be supplied to the Incharge, Security Post of this Court under the signatures of the Special Secretary of this Court for necessary compliance.
