High CourtsSingle Bench(2021) 06 P&H CK 0008

Anju Karan And Another vs State Of Punjab And Others

Punjab And Haryana At Chandigarh · Decided on 25 June 2021

HON’BLE JUDGES
Harnaresh Singh Gill, J
CASE NUMBER
Criminal Writ Petition No. 5795 Of 2021

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Judgment

17 paragraphs · 311 words

Harnaresh Singh Gill, J

This petition has been filed under Article 226 of the Constitution for issuance of a writ in the nature of mandamus directing respondents No.2 and 3 to

protect the life and liberty of the petitioners at the hands of respondents No.4 to 7.

Learned counsel for the petitioners states that both the petitioners are major and are living in live-in-relationship against the wishes of respondents

No.4 to 7. They have sought protection to their life and liberty. They apprehend danger at the hands of respondents No.4 to 7. The petitioners have

submitted a representation dated 22 . 06 . 2021 (Annexure P3) to respondent No.2-Commissioner of Police, Ludhiana.

In support of his contentions, learned counsel for the petitioners relies upon the judgment passed by the Hon'ble Supreme Court in `Nandakumar and

another Vs. State of Kerala and others' 2018 (2) RCR (Civil) 899, and Indra Sarma Vs. V.K.V. Sarma' 2013(15) SCC 755 Notice of motion to

respondents No.1 to 3-State only. On the asking of this Court, Mr. Avtar Singh Sandhu, Addl.

1 of 2 A.G., Punjab, accepts notice on behalf of respondents No.1 to 3.

I have heard learned counsel for the parties.

Article 21 of the Constitution stipulates protection of life and liberty to every citizen and that no person shall be deprived of his life and personal liberty

except according to procedure established by law.

In view of the above discussion, I dispose of the present petition with a direction to respondent No.2-Commissioner of Police, Ludhiana, to decide the

representation dated 22.06.2021 (Annexure P-3), moved by the petitioners in accordance with law and grant protection to them, if any threat to their

life and liberty is perceived.

It is made clear that this order shall not be taken to protect the petitioners from legal action for violation of law, if any, committed by them.