Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 113

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Gurvinder Singh Gill, J.
Seeran Kaur - Appellant
Versus
State of Punjab & Ors. - Respondents
Criminal Writ Petition No. 4839 of 2023 (O&M)
Decided On : 27-01-2023

Advocates Appeared:
Munish Raj Chaudhary, Advocate, Siddharth Attri, Advocate

The court has the authority to direct law enforcement to take necessary steps to address genuine threats to life and liberty.

Headnote:
Threat Perception - Matrimonial Dispute - The court directed the Senior Superintendent of Police to examine the alleged threat to the petitioner and her family and take necessary steps if genuine threat is found.
Fact of the Case:

The petitioner sought protection for herself and her family due to apprehended threat from her husband and others in the context of a matrimonial dispute.
Finding of the Court:

The court disposed of the petition with a direction to the Senior Superintendent of Police to examine the alleged threat and take necessary steps if genuine threat is found.
Issues: Threat to life and liberty of the petitioner and her family members.
Ratio Decidendi: The court's decision was based on the need to address the alleged threat to the petitioner and her family, arising from the matrimonial dispute.
Final Decision: The court directed the Senior Superintendent of Police to examine the alleged threat and take necessary steps if genuine threat is found.

JUDGMENT

Gurvinder Singh Gill, J. - The petitioner has approached this Court for issuance of direction to respondents No.2 to 4 to protect her life and liberty and of other members of her family as they apprehend threat to the same at the hands of respondents No.5 to 9 .

2. On the last date of hearing, the parties had been referred to Mediation Centre but the same yielded no fruitful results.

3. It is apparent that this case arises out of some matrimonial dispute between the petitioner and respondent No.5-Kala Singh, who is her husband.

4. Having regard to the facts and circumstances of the case, the petition is disposed of with a direction to respondent No.3-Senior Superintendent of Police, Bathinda, to get the representation dated 15.05.2022 (Annexure P-1) examined to the limited extent of alleged threat perception of the petitioner and of other members of her family at the hands of respondents No.5 to 9. In case it is found that there is genuine threat to life and liberty of petitioner or of other members of her family then necessary steps warranted under law be taken thereupon at the earliest so as to ensure that no harm is caused to the petitioner or to other members of her family.

5. A copy of this order alongwith copy of complaint/representation dated 15.5.2022 (Annexure P-1) be sent to respondent No.3-Senior Superintendent of Police, Bathinda, so as to enable him to do the needful expeditiously.

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