Punjab-Haryana High Court
Nisha And Anr vs State Of Punjab And Ors on 30 December, 2024
SANDEEP SETHI 2024.12.30 05:04 CRWP-12622-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (122) CRWP-12622-2024 Date of Decision:-30.12.2024 Nisha and another beeeee Petitioners Versus State of Punjab and others beeees Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN oh 2 2h 3 Present: Mr. Varun Goyal, Advocate for the petitioners. 2 2K 3 Oe ALOK JAIN, J. (Oral)
1. The present petition has been filed under Article 226 of the
Constitution of India for issuance of a writ in the nature of mandamus
directing the official respondents to protect the life and liberty of the
petitioners, who got married on 24.12.2024 as per Annexure P-3, at the
hands of private respondents.
2. Notice of motion to the official respondents.
3. Mr. Anil Bansal, DAG, Punjab, accepts notice on behalf of the
official respondents.
4. Considering the nature of the order being passed, there is no
necessity to serve the private respondent(s) or to seek a reply from any one
of the respondents.
5. The petition is disposed of with a direction to respondent No.2
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SANDEEP SETHI
2024.12.30 05:04
BOD. PHNC. TP DS4:
CRWP-12622-2024
to take into consideration the request of the petitioners made vide
representation dated 24.12.2024 (Annexure P-4) and take appropriate
action, in accordance with law.
6. This petition is being considered only for the purpose of
protection of life and liberty of the petitioners and the filing, pendency or
the orders passed by this Court in this petition shall neither be construed as
any stamp of the Court qua the relationship/marriage of the petitioners nor
shall be relied upon by any authority in any proceedings initiated against
them under any other provision of law.
7. This order shall not operate as an alibi or defence to any
proceedings which might be pending or may arise against the petitioners.
Although, the State is duty bound to protect its citizens and only with the
said motive, the present order/directions have been passed.
8. It is made clear that the filing of this petition and any order
passed herein does not approve or disapprove the relationship of the
petitioners and is not a stamp by the Court qua their relationship, as this
petition is considered only for the purpose of ensuring the protection of life
and liberty of the petitioners being citizens of this Country and for no other
reason.
9. It is further made clear to the petitioners that, in case, any
averment made in this petition or in the representation dated 24.12.2024
(Annexure P-4) is found to be incorrect, the State authorities shall initiate
strict criminal proceedings against the petitioners.
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SANDEEP SETHI
2024.12.30 05:04
BOD. PHNC. 1744:
CRWP-12622-2024
10. However, since this petition is being disposed of in limine,
therefore, a copy of the complete paper book be sent through registered post
to respondent Nos.4 and 5 being parents of petitioner No.1 as there is
serious doubt with regard to them being even aware about the act and
conduct of petitioner No.1.
11. It is also made clear that, in case, there is any criminal record
of the petitioners, the present order shall not be an alibi or an impediment
against the authorities to proceed in accordance with law and the above
order is subject to cross verification of the credentials of the petitioners and
cogent proof to be submitted by the petitioners before the authorities
considering their representation.
(ALOK JAIN)
JUDGE
December 30, 2024.
S. Sethi
Whether speaking/reasoned:- Yes/No
Whether Reportable:- Yes/No
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