Disposed

Gautam and Anr. v. State of Haryana and Others

Punjab & Haryana HC5 Jan 2022CRWP/5/2022

Case brief

AI extract

What is this about?

The Court, in an oral order, directed the Superintendent of Police, Karnal, to examine the petitioners' representation regarding threats to their life and liberty arising from their relationship. The direction is conditional on finding genuine need for protection and does not act as a shield against existing legal proceedings.

What did the court decide?

Respondent No. 2 directed to look into the representation (Annexure P-3) and take appropriate action if protection is genuinely needed.

Gautam and Anr. Vs State of Haryana and… — Writ and Judicial Review | Punjab & Haryana HC (2022)

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CRWP No.5 of 2022

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...1...

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRWP No.5 of 2022 Date of Decision: 05^th January, 2022.

Gautam & Another

...Petitioners

Versus

State of Haryana & Others

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...Respondents

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(Heard through Video-Conferencing)

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CORAM: HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

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Present: Mr. Sarvesh Kumar Gupta, Advocate, for the petitioners.

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MEENAKSHI I. MEHTA, J. (ORAL)

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By way of the instant petition, both the petitioners seek the indulgence of this Court for the issuance of a direction to respondents No.1 to 3 to protect their lives and liberty as they apprehended threat to the same at the hands of respondents No.4 to 6 because they (petitioners) are living in relationship. It has also been mentioned in this petition that a representation (Annexure P-3) has already been moved to respondent No.2 in this regard.

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Mr. Apoorv Garg, learned Deputy Advocate General, Haryana, has joined the proceedings on behalf of respondents No.1 to 3 in this case in pursuance of the copies of the present petition having been sent to the respondent-State in advance.

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Learned counsel for the petitioners restricts his prayer to the issuance of a direction to respondent No.2 to take appropriate action on the said representation of the petitioners, i.e. Annexure P-3.

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SEEMA SHARMA 2022.01.05 16:19 I attest to the accuracy of this order

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CRWP No.5 of 2022

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...2...

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Learned State counsel has no objection for the same.

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Keeping in view the intent of the fundamental right as enshrined in Article 21 of the Constitution of India which ensures the protection of life and liberty to the citizens as well as the above-discussed limited prayer as made by learned counsel for the petitioners and without commenting or expressing any opinion on the legality and validity of the relationship between the petitioners, respondent No.2-Superintendent of Police, Karnal, is hereby directed to look into the afore-said representation (Annexure P-3) of the petitioners and if it is found that the petitioners genuinely deserve any protection, then to take appropriate action in accordance with law.

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It is further clarified that this order shall not be construed to be a shield to the petitioners against any action/proceedings already initiated or intended/contemplated to be initiated against them by the competent authority/person on account of their afore-said relationship and permissible under any relevant provisions of law.

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This petition stands disposed of accordingly.

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(MEENAKSHI I. MEHTA) JUDGE

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05.01.2022.

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seema

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Whether speaking/reasoned?	Yes
Whether Reportable?	No

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SEEMA SHARMA 2022.01.05 16:19 I attest to the accuracy of this order

Gautam and Anr. v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

Gautam and Anr. v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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