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

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

What the court decided

AI extract

Outcome

Direction to respondent No.2-Superintendent of Police, Ambala to treat the petition as a representation and decide it after considering all relevant aspects within four weeks from receipt of a certified copy of the order, in accordance with law; Registry to forward a copy of the order and the petition to respondent No.2 for requisite compliance.

Issue for consideration

Whether the Court should direct official respondents No.2 and 3 to protect the life and personal liberty of the petitioners from respondents No.4 to 6. +1 more

Ratio / Principle

The petition is disposed of with a direction to respondent No.2-Superintendent of Police, Ambala to treat the petition itself as a representation and decide it after considering all relevant aspects, within four weeks from receipt of a certified copy of the order, in accordance with law.

Key takeaways

The Registry is directed to send a copy of the order along with a copy of the petition to respondent No.2-Superintendent of Police, Ambala for requisite compliance.ratio¶¶24

Detailed headnote1 paragraphs

Criminal Writ Petition (CRWP-5962-2025) under Article 226 of the Constitution of India by two petitioners who stated that petitioner No.2 is married to respondent No.4, that both are majors cohabiting by free will, seeking protection of life and personal liberty from respondents No.4 to 6. As their representation dated 28.05.2025 (Annexure P-3) to respondent No.2-Superintendent of Police, Ambala remained undecided (and was reported as never received), counsel sought that the petition be treated as the representation. Disposing of the petition, Deepak Manchanda J. directed the Superintendent of Police, Ambala to treat the petition as a representation and decide it after considering all relevant aspects within four weeks of receipt of a certified copy of the order, in accordance with law, with the Registry instructed to transmit the order and petition to respondent No.2 for compliance.

CRWP-5962-2025

1

116

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRWP-5962-2025 Date of decision: 04.06.2025

SACHIN KUMAR AND ANOTHER

...Petitioners

V/s

STATE OF HARYANA AND OTHERS

...Respondents

CORAM: HON’BLE MR. JUSTICE DEEPAK MANCHANDA

Present: Mr. Lalit Mohan Brara, Advocate for the petitioners.

DEEPAK MANCHANDA J. (ORAL)

Present petition has been filed under Article 226 of the Constitution of India for issuance of directions to official respondents No.2 and 3 to protect the life and personal liberty of the petitioners from respondents No.4 to 6.

Learned counsel for the petitioners contends that petitioner No.2 is married with respondent No.4, who used to harass petitioner No.2 everyday. He further contends that both the petitioners from their free will have agreed to stay in a live-in-relationship and are major. In support thereof, copies of Aadhaar Cards pertaining to the petitioners have been appended. He also contends that petitioners submitted a representation dated 28.05.2025 (Annexure P-3) to respondent No.2-Superintendent of Police, Ambala but the same has not been decided till date. It is further contended by learned counsel for the petitioners that petitioners would be satisfied if the representation dated 28.05.2025 (Annexure P-3) is decided by the respondent No.2-Superintendent of Police, Ambala.

Notice of motion restricted to respondent Nos. 1 to 3, only.

SANDEEP KUMAR 2025.06.04 17:00 I attest to the accuracy and integrity of this order/judgment.

CRWP-5962-2025

2

Mr. Shivendra Swaroop, DAG, Haryana, who is present in the Court, accepts notice on behalf of respondents No. 1 to 3 and on instructions from ASI Mahender Singh, submits that representation mentioned in the petition as Annexure P-3 has not been received by the concerned Superintendent of Police.

Faced with this, learned counsel for the petitioners submits that the present petition be treated as representation and respondent No.2 may be directed to decide the same.

In view of the above, the present petition is disposed of with a direction to respondent No.2-Superintendent of Police, Ambala to treat the present petition as representation and decide the same after taking into consideration all the relevant aspects, within a period of four weeks from the date of receipt of a certified copy of this order, in accordance with law.

The Registry is directed to send a copy of this order along with copy of the petition to respondent No.2-Superintendent of Police, Ambala for requisite compliance.

(DEEPAK MANCHANDA) 04.06.2025 JUDGE sandeep Whether speaking/reasoned Yes/No Whether reportable Yes/No

SANDEEP KUMAR 2025.06.04 17:00 I attest to the accuracy and integrity of this order/judgment.