Allowed

Anita Devi and Anr. v. State of Punjab and Ors.

Punjab & Haryana HC22 May 2013CRM-M/15848/2013

Case brief

AI extract

What is this about?

This court accorded absolute relief to a petition filed under Section 482 CrPC seeking protection of life and liberty. The court upheld a previous interim order directing the petitioners to provide financial security.

What did the court decide?

The order dated 14.05.2013 was made absolute after the petitioners deposited the required security sum of Rs. 1,00,000/- and recorded a commitment to deposit the balance within six months.

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

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Crl. Misc. No. M-15848 of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M-15848 of 2013 Date of decision: 22.05.2013

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Anita Devi and another

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....Petitioners

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Versus

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State of Punjab and others

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....Respondents

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CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH

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Present: - Mr. S.K. Gupta, Advocate, for the petitioners. Mr. Gurinderjit Singh, DAG, Punjab.

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PARAMJEET SINGH, J. (ORAL)

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Prayer in the present petition, filed under Section 482 of the Code of Criminal Procedure, is for the issuance of a direction to respondents No.1 to 3 to protect the life and liberty of the petitioners from respondents No.6 to 8. The petitioners assert that they are major and as there is no legal impediment, they have got married. They have already moved a representation dated 11.5.2013 (Annexure P-4) before respondent No.2 – Senior Superintendent of Police, Pathankot, for protecting their life and liberty.

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On 14.5.2013 following order was passed: -

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“Learned counsel for the petitioners contends that the petitioners seek protection of their life and liberty at the hands of respondent Nos.6 to 8. Petitioner no.2, present in Court, to show his bona fide, states that he will deposit a sum of Rs.2.00 lacs in the form of FDRs for a period of three years in favour of petitioner no.1 in two installments and will prepare an FDR in the sum of Rs.1.00 lacs immediately and another FDR in the sum of Rs.1.00 lacs within six months thereafter. Petitioner

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-2-

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Crl. Misc. No. M-15848 of 2013

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No.2 has also furnished an affidavit of even date in support of his averment.

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Notice of motion to the Advocate General, Punjab and other respondents, for 22.5.2013.

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In the meantime, liberty is granted to the petitioners to approach respondent No.2 – Senior Superintendent of Police, Pathankot for protection, as per instructions dated 18.08.2010 issued by the Home Department, Punjab. Petitioners may not be arrested and adequate security be provided to them, if required.”

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In part compliance of the order dated 14.5.2013, petitioner No.2 has deposited 1,00,000/- in favour of petitioner No.1 in the post office in term deposit for three years, a photocopy whereof is taken on record. In order to fully comply with the order dated 14.5.2013, petitioner No.2 shall deposit the remaining amount of 1,00,000/- in FDR/term deposit for three years in the name of petitioner No.1 within six months and inform this Court.

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In view of the above, order dated 14.5.2013 is made absolute. Disposed of.

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(Paramjeet Singh) Judge

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May 22, 2013 R.S.

Anita Devi and Anr. v. State of Punjab and Ors.

Case brief

What is this about?

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Anita Devi and Anr. v. State of Punjab and Ors.

Case brief

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