Sushil Kumar and Another v. State of Punjab and Ors.

Punjab & Haryana HC20 Mar 2025CRWP/2718/2025

Case brief

AI extract

What is this about?

Protection of life and liberty; writ of mandamus; Article 226 Constitution of India; adult couple threatened by parents/relatives; representation dated 11.03.2025 (Annexure P-3) unanswered; disposal with direction to Senior Superintendent of Police, Ferozepur (respondent No.2) to act per law on genuine threat; no ruling on legality, sanctity or age of relationship; caveat: no immunity from prosecution; Punjab; CRWP; Ferozepur police.

What did the court decide?

Direction to respondent No.2, Senior Superintendent of Police, Ferozepur, to look into the matter, dispose of the representation dated 11.03.2025 (Annexure P-3) in accordance with law, and take necessary steps if any genuine threat to the petitioners' life and liberty is found; copy of the order and representation to be sent to respondent No.2 expeditiously. ¶¶15

Sushil Kumar and Another Vs State of… — Writ and Judicial Review | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

¶¶15

Issue for consideration

Whether a writ of mandamus should be issued directing the official respondents No.2 and 3 to protect the life and liberty of the petitioners at the hands of respondent Nos. 4 to 8 and to take action on their representation dated 11.03.2025.

¶¶10

Court's answer

The petition is disposed of with a direction to respondent No.2, the Senior Superintendent of Police, Ferozepur, to look into the matter and dispose of the representation dated 11.03.2025 (Annexure P-3) in accordance with law.

¶¶15

Ratio / Principle

Further direction that necessary steps be taken if any genuine threat to the life and liberty of the petitioners is found.

¶¶15

Key takeaways

A copy of the order along with the representation dated 11.03.2025 (Annexure P-3) is to be sent to respondent No.2 expeditiously.ratio¶¶16
The order shall not be taken to protect the petitioners from legal action for any violation of law committed by them.ratio¶¶17
The Court decided the petition without examining the legality of the petitioners' relationship, the veracity of the averments, the sanctity of the relationship or the age of the petitioners, leaving these questions open.

Detailed headnote1 paragraphs

Punjab & Haryana High Court at Chandigarh, Coram: Mrs. Justice Manisha Batra — CRWP No.2718 of 2025, decided 20.03.2025. Petition under Article 226 of the Constitution of India by two majors in a relationship opposed by their families, seeking a writ of mandamus directing official respondents No.2 and 3 to protect their life and liberty at the hands of respondent Nos. 4 to 8 and to act on their representation dated 11.03.2025 (Annexure P-3). Without going into the legality or sanctity of the relationship, the veracity of the averments or the age of the petitioners, the Court disposed of the petition, directing respondent No.2, the Senior Superintendent of Police, Ferozepur, to look into the matter, decide the representation in accordance with law and take necessary steps if any genuine threat to life and liberty is found; a copy of the order and the representation was to be sent to him expeditiously. The order expressly confers no protection from legal action for any violation of law committed by the petitioners.

¶1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶2

115 CRWP No.2718 of 2025 Date of decision: 20.03.2025

¶3

SUSHIL KUMAR AND ANOTHER …. Petitioners

¶4

V e rsus

¶5

STATE OF PUNJAB AND OTHERS …. Respondents

¶6

CORAM: HON’BLE MRS. JUSTICE MANISHA BATRA

¶7

Present : M r . Raman Kumar, Advocate for t he petitioners.

¶8

M s . Ruchika Sabherwal, Sr. D.A. G ., Punjab. ********

¶9

MANISHA BATRA, J. (oral)

¶10

T h e present petition has been f iled under Article 226 of th e Constitution o f India seeking issuance of a w rit of mandamus directing th e official respon d ents No.2 and 3 to protect the l ife and liberty of the petitioner s at the hands o f respondent Nos. 4 to 8 and ta k e action on their representatio n dated 11.03.20 2 5 (Annexure P-3).

¶11

It is submitted by the learned cou n sel for the petitioners that the y are major. They are in love. Their parents a r e against their relationship an d threats have even been extended to petitioner N o.2 by her parents and relative s to kill her. Sh e has left her house and has s t arted living with the petitione r No.1. Apprehe n ding danger to their lives and liberty, they sent representatio n dated 11.03.20 2 5 to the respondent No.2 but t h e same has not been taken int o consideration a nd hence, the present petition.

¶12

N o tice of motion.

¶13

Jyoti 2025.03.21 09:36 I attest to the accuracy and integrity of this document

¶14

CRWP No.2718 of 2025 - 2- 4. M s . Ruchika Sabherwal, Sr. D. A .G., Punjab, accepts notice o n behalf of resp o ndents No.1 to 3, at this sta g e. The petitioners’ counsel i s directed to sup p ly the copy of the petition to h e r.

¶15

I h ave heard learned counsel for t he petitioners as well as learne d State counsel and without going into the question of legality of thei r relationship as well as without entering up o n an exercise to evaluate th e veracity of th e averments made in the petiti o n and also with regard to th e sanctity of rel a tionship or age of the petition e rs, this petition is disposed o f with a directio n to the respondent No.2-The S enior Superintendent of Police , Ferozepur to l ook into the matter and disp o se of the representation date d 11.03.2025 (A n nexure P-3) in accordance wit h law and also to take necessar y step, if any, ge n uine threat to life and liberty o f the petitioners is found.

¶16

A copy of this order along wit h copy of representation date d 11.03.2025 (A n nexure P-3) be sent to respond e nt No.2, so as to enable him t o do the needful e xpeditiously.

¶17

It is made clear that this order s h all not be taken to protect th e petitioners fro m legal action for violation of la w , if any, committed by them.

¶18

(MANISHA BATRA) 20.03.2025 JUDGE

¶19

Jyoti-IV

¶20

Whether speaking/reasoned: Ye s /No. Whether reportable : Ye s /No

¶21

Jyoti 2025.03.21 09:36 I attest to the accuracy and integrity of this document

Sushil Kumar and Another v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Sushil Kumar and Another v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Narender Kumar Vs State of Haryana

Sandeep Singh Alias Pammu Vs State of Punjab

Sukhwinder Kaur Vs State of Punjab and Others

Sangeeta and Anr. Vs State of Punjab and Others

Harpreet Kaur and Another Vs State of Punjab and Others

Akash Malik Vs State of Haryana and Others