Allowed

Pooja Thapa & Anr. v. State of Punjab & Ors.

Punjab & Haryana HC28 Mar 2011CRM-M/9233/2011

Case brief

AI extract

What is this about?

The High Court exercised jurisdiction under Section 482 Cr.P.C. to direct the Commissioner of Police, Ludhiana, to examine a representation filed by petitioners seeking protection from threats following their marriage against family wishes. The court ordered a factual inquiry into their age and safety before determining necessary protective measures.

What did the court decide?

Direction to respondent No. 2 to look into the petitioners' representation and verify age and threats before providing necessary protection.

Pooja Thapa & Anr. Vs State… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2011)

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(1)

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Crl. Misc. No. M-9233 of 2011 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M-9233 of 2011 (O&M)

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DATE OF DECISION: 28.03.2011

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Pooja Thapa and another

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..........Petitioners

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Versus

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State of Punjab and others ..........Respondents

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BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY

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Present:Mr. Vishal Sharma, Advocate for the petitioners.

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DAYA CHAUDHARY, J.

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Crl. Misc. No. 16892 of 2011

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Application is allowed as prayed for.

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Crl. Misc. No. M-9233 of 2011

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The present petition under Section 482 Cr.P.C. has been filed on behalf of Pooja Thapa and Amar Kumar for issuing directions to the official respondents to protect their lives and liberty as they have solemnized their marriage contrary to the wishes of private respondents.

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Both the petitioners are present in Court and claim themselves to be major on the basis of documents annexed with the petition and they are apprehending threats at the instance of private respondents.

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Learned counsel for the petitioners submits that the petitioners have moved a representation (Annexure P-5) to respondent No.2 i.e. Commissioner of Police, Ludhiana but no action has been taken. Learned counsel for the petitioners further submits that the petitioners would be

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(2)

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Crl. Misc. No. M-9233 of 2011 (O&M)

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satisfied if the representation filed by them is decided within some specified period and moreover, there is no legal impediments in issuing such directions.

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Without commenting anything on the merits of the case as well validity and age of the petitioners, the present petition is disposed of with a direction to respondent No.2-Commissioner of Police, Ludhiana to look into the representation (Annexure P-5) filed by the petitioners and after verifying the factual position with regard to their age, marriage and apprehension at the instance of private respondents, if he comes to the conclusion that a serious threat is there, then necessary protection be provided as per law.

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Disposed of accordingly.

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March 28, 2011 (DAYA CHAUDHARY) pooja JUDGE

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Note:-Whether this case is to be referred to the Reporter .......Yes/No

Pooja Thapa & Anr. v. State of Punjab & Ors.

Case brief

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What did the court decide?

Pooja Thapa & Anr. v. State of Punjab & Ors.

Case brief

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What the court decided

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