Rajesh Kumar Alias Raju Jethi Vs State of Punjab and Others — Punjab & Haryana HC (2025) — LawSathi Research

Rajesh Kumar Alias Raju Jethi Vs State of Punjab and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of; petitioner granted liberty to move an appropriate application before respondent no.3/Senior Superintendent of Police, Bathinda, in case of any future apprehended threat to his or his family members' life and liberty (to be looked into with appropriate action in accordance with law); liberty also reserved to initiate proceedings for malicious prosecution in accordance with law, if so advised.

Issue for consideration

Whether directions should be issued to respondents no.1 to 4 to protect the life and liberty of the petitioner and his family members, who apprehend threat from respondents no.6 to 9 and their other associates.

Court's answer

The petition stands disposed of with liberty to the petitioner to move an appropriate application before respondent no.3/Senior Superintendent of Police, Bathinda, in case he apprehends threat to his or his family members' life and liberty in future, which will be looked into and an appropriate action will be taken in accordance with law.

Key takeaways

The petitioner is at liberty to initiate proceedings for malicious prosecution in accordance with law, if so advised.obiter¶12

Detailed headnote1 paragraphs

Protection of life and liberty petition (CRWP-4610-2025, High Court of Punjab and Haryana at Chandigarh, Tribhuvan Dahiya, J., oral, decided 22.05.2025) filed by Rajesh Kumar alias Raju Jethi seeking directions to respondents no.1 to 4 to protect him and his family members, who apprehend threat from respondents no.6 to 9 and their associates. Background: FIR No.23 dated 25.02.2025 under Section 336(4) of BNS, 2023 and Section 66(D) of the IT Act, 2000 at Police Station City Rampura, Bathinda, against the petitioner and Maninderjit Singh Sidhu, ended in a cancellation report dated 03.03.2025 filed before the Sub-Divisional Judicial Magistrate, Phul, on 04.03.2025; complainant Resham Singh recorded his agreement to cancellation; per status report dated 20.05.2025 referred to by State counsel, no present threat was found. Disposition: petition disposed of with liberty to the petitioner to approach respondent no.3/Senior Superintendent of Police, Bathinda, regarding any future apprehended threat, to be looked into with appropriate action in accordance with law, and liberty to initiate malicious prosecution proceedings if so advised.

101 IN THE HIGH COURT OF PUNJ A B AND HARYANA AT CHANDIGARH

CRWP-4610-2 0 25 Date of Decisio n :22.05.2025

Rajesh Kumar a lias Raju Jethi …Petitioner

Versus

State of Punjab and others ….Respondents

CORAM: HON’BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present: Mr. Siddharth Gupta, Advocate for the petitioner. Mr. Mohit Kapoor, Senior Deputy A dvocate General, Punjab.

TRIBHUVAN DAHIYA, J. (ORAL)

Th e petition has been filed seekin g directions to respondents no.1 to 4 to protect the life and liberty of the p e titioner as well as his famil y members, as th e y apprehend threat from respo n dents no.6 to 9 and their othe r associates.

Le a rned State counsel contend s that an FIR no.23 date d 25.02.2025 un d er Section 336(4) of BNS, 20 2 3 and Section 66(D) of the I T Act, 2000 was r egistered at Police Station City Rampura, Bathinda, against th e petitioner and M aninderjit Singh Sidhu. After i n vestigation, cancellation repor t dated 03.03.20 2 5 was prepared and filed bef o re the Sub-Divisional Judicia l Magistrate, Phu l , on 04.03.2025. The complai n ant Resham Singh has also go t recorded his st a tement before the Court that h e is agreeable to cancellation o f the FIR. Lear n ed State counsel has also r e ferred to status report, date d 20.05.2025, to c ontend that as of now no thre a t to the petitioner or his famil y PUSHPINDER SAINImembers’ life a n d liberty has been found. 2025.05.23 19:18 I attest to the accuracy and integrity of this document

CRWP-4610-2 0 25 -2-

In v iew thereof, the petition stand s disposed of with liberty to th e petitioner to m o ve an appropriate application before respondent no.3/Senio r Superintendent of Police, Bathinda, in case he apprehends threat to his or hi s family member s ’ life and liberty in future, w h ich will be looked into and a n appropriate acti o n will be taken in accordance w ith law. It goes without sayin g that the petitio n er is at liberty to initiate proce e dings for malicious prosecutio n in accordance w ith law, if so advised.

(TRIBHUVAN DAHIYA) May 22, 2025 JUDGE ps Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No

PUSHPINDER SAINI 2025.05.23 19:18 I attest to the accuracy and integrity of this document