Disposed

Anita Kaur and Another v. State of Punjab and Others

Punjab & Haryana HC25 Apr 2023CRWP/3901/2023

Case brief

AI extract

What is this about?

Petitioners sought protection from private respondents due to threats against their lives in a live-in relationship. The Court directed Respondent No. 2 to examine a pending police representation and ascertain the veracity of allegations before taking protective action. The petition was disposed of with an appeal to the police.

What did the court decide?

Directed Respondent No. 2 to examine the pending representation dated 14.04.2023 and devise a mechanism to ascertain the veracity of allegations regarding threats to the petitioners.

Anita Kaur and Another Vs Stat… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2023)

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CRWP-3901-2023 (O&M) 2023:PHHC:058138 -1-

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108 IN THE HIGH COURT OF PUNJAB AND HARYANA AT

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CHANDIGARH

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CRWP- 3901 -2023 (O&M) Date of Decision: April 25, 2023 Anita Kaur 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 CORAM: HON’BLE MR. JUSTICE SANJAY VASHISTH

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Present: Mr. Armaan Gagneja, Advocate for the petitioners.

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SANJAY VASHISTH, J.

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By way of filing this petition, the petitioners seek necessary protection of their lives and personal liberty in view of the fact that they are in a live-in relationship and are under eminent threats at the hands of respondents No. 4 to 7.

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Learned counsel for the petitioners submits that petitioners are in a live-in relationship against the wishes of respondents No. 4 to 7 and have sought protection to their lives and liberty. It is submitted that petitioner No. 1-Anita Kaur, is aged about 20 years and petitioner No. 2 – Gagan Deep Singh, is aged about 20 years and are thus, majors, but petitioner No. 2 is not of marriageable age, being of 20 years and have not performed marriage, but they are in a live-in relationship and they apprehend danger at the hands of private respondents No. 4 to 7, who will eliminate them.

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In the context of threat perception at the hands of private respondents No. 4 to 7 petitioners have allegedly moved a representation dated 14.04.2023, (Annexure P-3), to Senior Superintendent of Police, Muktsar Sahib, Punjab (respondent No. 2), wherein, all the apprehension to their lives have been expressed.

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Notice of motion.

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On asking of the Court, Mr. Anmol Singh Sandhu, AAG, Punjab, accepts notice on behalf of respondent Nos. 1 to 3 (State).

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RIYA 2023.04.25 17:26 I attest to the accuracy and integrity of this document

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CRWP-3901-2023 (O&M)

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2023:PHHC:058138 -2-

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Since petitioners have not contracted any marriage and seek only protection qua their lives and personal liberty, and for the same already representation dated 14.04.2023 (Annexure P-3), is pending, it would be appropriate to direct respondent No. 2 to have a fair look to the said representation, on the grievance of the petitioners in order to ascertain veracity of allegations made by them.

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Respondent No. 2 would be at liberty to devise his/her own mechanism to ascertain the truth. He/she would also be at liberty to join the petitioners or any other person acquainted with facts in issue. If innocence of the petitioners is established, respondent No. 2 shall proceed to take appropriate action in order to protect their lives and personal liberty from being invaded by private respondents No. 4 to 7.

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This order is passed at this stage without meaning anything on the status of the petitioners on the basis of live-in relationship. Respondent No. 2 would pass necessary order without being influenced by any statement of fact recorded here-in-above.

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Petition stands disposed of accordingly.

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(SANJAY VASHISTH) JUDGE

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April 25, 2023 Riya Whether Speaking/Reasoned: YES /NO Whether Reportable: YES /NO

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RIYA 2023.04.25 17:26 I attest to the accuracy and integrity of this document

Anita Kaur and Another v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Anita Kaur and Another v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

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