Raj Singh Vs State Of Punjab And Others

High Court Of Punjab And Haryana At Chandigarh 14 Oct 2022 Criminal Writ Petition No. 9750 Of 2022 (2022) 10 P&H CK 0057
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Criminal Writ Petition No. 9750 Of 2022

Hon'ble Bench

Anoop Chitkara, J

Advocates

Himani Kapila, H.S. Sitta

Final Decision

Allowed

Acts Referred
  • Constitution Of India, 1950 - Article 21

Judgement Text

Translate:

Anoop Chitkara, J

1. Fearing for life and liberty at the hands of the private respondents, the petitioner, invoking the fundamental right of life guaranteed under Article 21

of the Constitution of India, has come up before this Court seeking protection through the State.

2. Notices served upon the official respondents through the State's counsel. Given the nature of the order that this Court proposes to pass, neither the

response of official respondents nor the issuance of notices to the private respondents is required

3. If the allegations of apprehension of threat to life turn out to be true, it might lead to an irreversible loss. Thus, in the facts and circumstances

peculiar to this case, it shall be appropriate that the concerned Superintendent of Police, SHO, or any officer to whom such powers have been

delegated or have been authorized in this regard, provide appropriate protection to the petitioner for one week from today. However, if the petitioner

no longer requires the protection, then at their request, it may be discontinued even before the expiry of one week. After that, the concerned officers

shall extend the protection on day-to-day analysis of the ground realities or upon the oral or written request of the petitioner.

4. This protection is subject to the stringent condition that from the time such protection is given, the petitioner shall not go outside the boundaries of

the place of residence, except for medical necessities, to buy household necessities, and forbereavements in the families of the close relatives or close

friends. This restriction saves the petitioner from apprehended risk and ensures that the protection is not flaunted.

5. It is clarified that there is no adjudication on merits and that this order is not a blanket bail in any FIR. It is further clarified that this order shall not

come in the way if the interrogation of the petitioner is required in any cognizable case. It shall also be open for the petitioner to approach this Court

again in case of any fresh threat perception.

6. This order shall eclipse after thirty days from today.

7. There would be no need for a certified copy of this order, and any Advocate for the Petitioner and State can download this order and other relevant

particulars from the official web page of this court and attest it to be a true copy. The concerned officer can also verify its authenticity and may

download and use the downloaded copy for immediate use.

Petition is allowed to the extent mentioned above. All pending applications, if any, stand disposed.

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