IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-184-2025 Date of decision: 13.01.2025 RAJVEER SINGH ...Petitioner(s)

VERSUS STATE OF PUNJAB AND OTHERS ...Respondent(s)

CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present:- Mr. Bhupinder Kumar Gupta, Advocate for the petitioner.

****

JASGURPREET SINGH PURI, J. (Oral)

1. The present petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of mandamus directing respondents No.1 to 4 to protect the life and liberty of the petitioner and to take appropriate legal action against the private respondents on the representation (Annexure P-4).

2. Learned counsel for the petitioner submitted that it is a case where the petitioner is working as a Constable in Punjab Police and is presently posted at Police Station Sanjh Kendra, Machhiwara Sahib. While giving the history of relationship of the petitioner with respondent No.7-Manjeet Kaur, he submitted that although the petitioner and respondent No.7 are married to each other but his relationship with her was not going well and respondent No.7 was threatening the petitioner to commit suicide and was also humiliating and harassing him. He further submitted that there is a threat to the life and liberty of the petitioner at the hands of private respondents because of which the present petition has been filed and rather a representation (Annexure P-4) was given to the Deputy Superintendent of Police, Samrala but no action has been taken by the Deputy Superintendent of Police, Samrala on the same and therefore, direction may be issued to the police authorities to protect the life and liberty of the petitioner.

3. On the other hand, Mr. Vinay Kumar Malhotra, DAG, Punjab submitted that he has received an advance copy of the present petition and stated that it is a case where earlier when the petitioner approached this Court by way of filing a petition bearing No.CRM-M-59824-2024 for grant of anticipatory bail, then as the dispute was a matrimonial dispute between the parties, the matter was sent to the Mediation and Conciliation Centre of this Court and it was also directed that in the meantime, no coercive action shall be taken against the petitioner. He further submitted that a perusal of the aforesaid representation (Annexure P-4) which was given to the Deputy Superintendent of Police, Samrala would show that the petitioner has given his entire history of matrimonial dispute with respondent No.7 and even the dispute which had occurred prior to their marriage and neither any imminent threat nor any instance of threatening has been stated in the aforesaid representation (Annexure P-4) nor anything has been stated in the present petition vide which he is seeking protection of his life and liberty. He further submitted that the petitioner has abused the process of law by filing the present petition because in the absence of allegation of any imminent threat to his life and liberty, no such prayer could have been made by him. He also submitted that in fact there is a long litigation and dispute between the petitioner and respondent No.7 and the petitioner has filed the present petition at the drop of a hat without any justifiable reason.

4. I have heard the learned counsels for the parties.

5. It is a case where the petitioner has alleged in the aforesaid representation (Annexure P-4) and the present petition that he is working as a Constable in Punjab Police and while referring to his history of relationship with respondent No.7, he stated that in the year 2023, he became friendly with respondent No.7 and they used to talk on phone and thereafter, proximity increased by exchanging of gifts etc. Thereafter, respondent No.7 alleged that she became pregnant with three months old child and eventually the petitioner and respondent No.7 got married to each other because of the aforesaid reason but subsequently it was found that respondent No.7 was not pregnant. It is a case built up by