Disposed

Sushma Rani and Anr. v. State of Punjab and Ors.

Punjab & Haryana HC16 Apr 2013CRM-M/12374/2013

Case brief

AI extract

What is this about?

The single judge allowed an application under Section 482 Cr.P.C. for exemption from filing annexures. The court subsequently disposed of a writ petition concerning protection in an inter-caste marriage, directing police to inquire and provide protection, citing Lata Singh.

What did the court decide?

Directed respondent no.2 to look into matter, take necessary action and provide protection if required. Application for exemption from filing annexures allowed.

Sushma Rani and Anr. Vs State… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2013)

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CRM-M No. 12374 of 2013 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CRM-M No. 12374 of 2013(O&M) Date of Decision:- 16.4.2013

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Sushma Rani and another ..............Petitioners vs.

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State of Punjab and others

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........Respondents

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CORAM:- HON'BLE MR. JUSTICE G.S. SANDHAWALIA

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Present:Mr. Sunil Kumar , Advocate, for the petitioners.

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G.S. SANDHAWALIA, J. (ORAL)

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Crl. Misc. No. 21852 of 2013

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Application filed under Section 482 Cr.P.C. seeking exemption from filing the certified copies of Annexures P-1 to P-5 is allowed, in view of the averments made in the application, which are duly supported by an affidavit.

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CRM-M No. 12374 of 2013

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The present petition has been filed under Section 482 Cr.P.C. for directing the respondents no.1 to 4 for protecting the life and liberty of the petitioners since it is a inter-caste marriage as petitioner no.1 (girl) belongs to Kumhar (B.C.) caste and petitioner no.2 (boy) belongs to Sharma (Brahmin) caste and they have apprehension that they may be eliminated at the instance of respondent no.5.

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It has been averred in the petition that the date of birth of petitioner no.1 is 29.1.1988 and reliance has been placed upon the copy of matriculation examination certificate (Annexure P-1) issued by the

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CRM-M No. 12374 of 2013 (O&M)

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*******

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Punjab School Education Board. The date of birth of petitioner no.2 is 21.7.1993 and reliance has been placed upon certificate of fifth class examination (Annexure P-3) issued by the Education Department, Punjab The petitioners, who belong to different caste have got married on 12.4.2013 as per the Hindu rites at Pracheen Shiv Mandir, Mansa Devi Complex, Pashupat Nath, Panchkula. Marriage photographs are appended as Annexure P-3. It has been further averred that representation dated 13.4.2013 (Annexure P-5) was made to the Commissioner of Police, Jalandhar-respondent no.2 with a prayer to protect the life and liberty of the petitioners.

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After hearing counsel for the parties and without expressing any opinion on the merits of the case or the validity of the marriage and the age of the petitioners and keeping in view the binding precedent of the Hon'ble Apex Court in Lata Singh vs. State of U.P. And another, 2006 (2) SCC (Criminal) 478, the present petition is disposed of with directions to respondent no. 2 to look into the matter and take necessary action in accordance with law and provide protection, if required.

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Petition stands disposed of.

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16.04.2013 (G.S. Sandhawalia) Pka Judge

Sushma Rani and Anr. v. State of Punjab and Ors.

Case brief

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Sushma Rani and Anr. v. State of Punjab and Ors.

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