High Court dismissed a petition under Section 482 CrPC seeking protection directions due to apprehended threats. Found no pending case or ground for issuance, but directed police to consider serious apprehensions.
Petition dismisssed; liberty to approach police station if serious apprehension of threat exists.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CRM No.M-11777 of 2010 (O & M)
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRM No.M-11777 of 2010(O & M) Date of decision : 6.9.2011
Amardeep Singh and others
........Petitioners
Vs.
State of Punjab and others ......Respondents
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
Present:- Mr. M.S.Rana, Advocate, for Mr.R.S.Rana, Advocate, for the petitioners
Mr.Manoj Bajaj, Addl.AG, Punjab None for respondents No.4 & 5
AJAI LAMBA, J (Oral) :
This petition has been filed under Section 482 of Criminal Procedure Code, 1973 praying for issuance of directions to official respondents to provide protection of life and liberty to the petitioners against threat at the hands of respondents No.4 & 5.
It has been pleaded that petitioners No.1 and 2 got married against the wishes of parents of petitioner No.2. Petitioners No.1 & 2 earlier filed CRM No.M-35927 of 2009 in this Court and certain directions were issued to provide protection to the petitioners. It has been alleged that respondents No.4 & 5 tried to trace their daughter. At this stage, an allegation has been made that she (daughter) is living with the petitioners.
It has been pleaded on behalf of the petitioners that Ms. Surinder Kaur, daughter of respondent No.4, never came to the house of the petitioners. It is, in view of such controversy that the petitioners are being threatened.
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CRM No.M-11777 of 2010 (O & M)
The short reply by way of affidavit of Deputy Superintendent of Police, Sub Division Khanna has been filed in Court and is taken on record. It has been pleaded that enquiry was conducted, after receiving a copy of the petition. It has been found that no complaint is pending in Police Station Sadar, Khanna. The petitioners are not wanted in any case.
Considering the facts and circumstances of the case in totality, no
ground for issuance of any direction is made out.
The petition is accordingly dismissed.
However, if the petitioners have any serious apprehension of threat, they would be at liberty to approach the Incharge of concerned police station, who is directed to consider the facts and circumstances of the case and take appropriate action as required by law.
(AJAI LAMBA) JUDGE
6.9.2011 akm
2 issues framed by the court
Whether directions under Section 482 CrPC should be issued to provide protection against threats.
Whether the pleadings regarding the daughter's location establish a ground for issuance of directions.
1 provisions across 1 enactments
Amardeep Singh and others
State of Punjab and others
Ajai Lamba
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
