SupremeToday Landscape Ad
Back
Next
Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content
Listen Article Pause Article
judgment-img

2025 Supreme(Online)(P&H) 14071

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
------------ – Appellant
Versus
------------ – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-7161-2025 Date of Decision:- 26.08.2025 Sonu ...Petitioner Versus State of Punjab and others ...Respondents CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. Rahul Kumar Adia, Advocate for the petitioner (through Video Conferencing).

Mr. Jasjit Singh Rattu, DAG, Punjab.

****

AMARJOT BHATTI, J.(Oral)

1. Petitioner Sonu has filed present petition seeking appropriate direction under Article 226 of Constitution of India read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, directing official respondents No. 3 and 4 to provide adequate protection of life and liberty to petitioner and his family from the threats, harassment and false implication at the hands of respondents No. 5 and 6 against whom petitioner has earlier lodged two cases of attempt to murder, with further direction to expedite investigation in FIR No. 36 dated 06.05.2025 (Annexure P-1) registered under Section 137(2), 87, 70(2), 351, 127, 61(2) of Bharatiya Nyaya Sanhita, 2023 and under Section 6 of POCSO Act at Police Station Majitha Road, Amritsar and to exclude the name of petitioner’s son who is falsely implicated at the instance of respondents No. 5 and 6 and further direction to consider and decide representations i.e. Annexures P-2 and P-3 or any other direction which the Court may deem fit and proper in the given facts and circumstances of the case.

2. Learned counsel for petitioner pointed out that his son has been falsely implicated in FIR No. 36 dated 06.05.2025 (supra). All allegations levelled against his son are false. There are multiple FIRs against Pawan Kumar and Rajiv Khokhar on the complaints of present petitioner. In para No. 5, there is reference of two FIRs i.e. FIR No. 377 dated 16.12.2023 under Section 341, 323, 148, 149, 120-B, 506 of IPC registered at Police Station B-Division, Amritsar and another FIR No. 98 dated 24.06.2024 registered at Police Station A-Division, Amritsar. Son of petitioner was arrested on false allegations. Now petitioner and his family are facing threat to their lives and liberty.

3. Status report filed through Registry which is taken on record, subject to all just exceptions. Regarding FIR No. 36 dated 06.05.2025 Police Station Majitha Road, Amritsar (supra), it is pointed out that on completion of investigation, challan has been presented under Section 193 of Bharatiya Nagarik Suraksha Sanhita, 2023 in the Court of learned Additional Sessions Judge, Amritsar. Proper investigation was carried out by Sub Inspector Ram Dhan Singh. On the apprehension of child in conflict with law on 08.05.2025, his version came on record. Co-accused Samir son of present petitioner was arrested on 28.05.2025, whose disclosure statement was recorded. Other co-accused Sunny was also arrested on 19.06.2025 and his disclosure statement was also recorded. After presentation of challan, case is pending for consideration on charge. Regarding protection of life and liberty of petitioner, it is submitted that police is duty bound to protect life and liberty of petitioner by providing every possible help to him whenever it is required in accordance with rules and procedure.

4. I have considered the aforesaid factual position. From the status report, it is clear that after completion of investigation in FIR No. 36 dated 06.05.2025 (supra), challan is already presented and charges are yet to be framed. Son of present petitioner is arrayed as one of the accused in said FIR. Since challan is presented, therefore, accused involved in said case can avail legal remedy as provided under law. Learned counsel for petitioner confirmed that petitioner/accused has already filed application seeking discharge on 19.08.2025. So far as protection of life and liberty of petitioner is concerned, official respondents in their status report categorically stated that they are duty bound to protect life and liberty of petitioner. Therefore, in case there is any threat perception to life and liberty

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top