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2023 Supreme(P&H) 60

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Gurvinder Singh Gill, J.
Mandeep Kaur & Anr. - Appellants
Versus
State of Punjab & Ors. - Respondents
Criminal Writ Petition No. 576 of 2023 (O&M)
Decided On : 20-01-2023

Advocates Appeared:
Sanjeev Kumar Sharma, Advocate, Parvesh Sachdeva, Advocate

The main legal point established in the judgment is the court's authority to direct law enforcement to take necessary steps to protect individuals in case of a genuine threat to their lives and liberty.

Headnote:

Threat to Lives and Liberty - Protection of Petitioners - The court directed the Superintendent of Police to look into the matter and take necessary steps if there is a genuine threat to the lives and liberty of the petitioners.

Fact of the Case:

The petitioners sought protection from the court as they apprehended threat to their lives and liberty due to their marriage against the wishes of their families.

Finding of the Court:

The court disposed of the petition with a direction to the Superintendent of Police to look into the matter and take necessary steps if there is a genuine threat to the petitioners' lives and liberty.

Issues: Protection of petitioners' lives and liberty, validity of the alleged marriage, and the veracity of the averments made in the petition.

Ratio Decidendi: The court's decision was based on the need to ensure the safety and protection of the petitioners in case of a genuine threat to their lives and liberty.

Final Decision: The court directed the Superintendent of Police to look into the matter and take necessary steps if there is a genuine threat to the lives and liberty of the petitioners, without expressing any opinion on the validity of the marriage.

JUDGMENT

Gurvinder Singh Gill, J. - Petitioner No.1-Mandeep Kaur aged 20 years and petitioner No.2-Vikram Singh aged 22 years have approached this Court seeking issuance of a direction to official respondents to protect their lives and liberty as they apprehend threat to the same at the hands of private respondents, having married against the wishes of their families.

2. Without commenting as regards the veracity of the averments made in the petition and also as regards the validity of alleged marriage of the petitioners, the petition is disposed of with a direction to respondent No.2-Superintendent of Police, Sri Muktsar Sahib, District Sri Muktsar Sahib, to look into the matter and to dispose off the representation dated 16.1.2023 (Annexure P-5) in accordance with law. In case, it is found that there is a genuine threat to the lives and liberty of the petitioners, then necessary steps warranted under law be taken thereupon at the earliest so as to ensure that no harm is caused to the petitioners.

3. A copy of this order alongwith copy of the representation dated 16.1.2023 (Annexure P-5) be sent to respondent No.2-Superintendent of Police, Sri Muktsar Sahib, District Sri Muktsar Sahib so as to enable him to do the needful expeditiously.

4. It is, however, clarified that the aforesaid order shall not be taken to be any expression as regards the validity of marriage of the petitioners and shall not confer any immunity upon the petitioners, in case it is found that they have committed any wrong.

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