Amanpreet Kaur And Another Vs State Of Punjab And Others

High Court Of Punjab And Haryana At Chandigarh 14 Jul 2023 Criminal Writ Petition No. 6925 Of 2023 (2023) 07 P&H CK 0035
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Criminal Writ Petition No. 6925 Of 2023

Hon'ble Bench

Anoop Chitkara, J

Advocates

Sanjeev K.Virk, Shiva Khurmi

Final Decision

Allowed

Acts Referred
  • Constitution Of India, 1950 - Article 21

Judgement Text

Translate:

Anoop Chitkara, J

1. Fearing for their lives and liberty at the hands of the private respondents, the Petition ers, who claim to have married aer aaining the permissible age

for marriage, against the wishes of the private respondents, have come up before this Court by invoking their fundamental rights of life guaranteed

under Arcle 21 of the Constuon of India, seeking direcon to the State to protect them.

2. Noces 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 noces to the priva te respondents is required

3. If the allegaons of apprehension of threat to th eir lives 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 protecon to the Petition ers for one week from today.

However, if the Petition ers no longer require the pro tecon, then at their request it may be disconnued even before the expiry of one we ek. Aer that,

the concerned officers shall extend the protecon on day-to-day ana lysis of the ground realies or upon the oral or wrien request of the Petition ers.

4. This protecon is subject to the stringent condi on that from the me such protecon is given, the Petition er(s) shall not go ou tside the boundaries of

the place of residence, except for medical necessies, to buy ho usehold necessies, and for bereavements in the families of the close relaves or close

friends. However, Petition er(s) shall be at liberty to shi the residen ce(s) and if the new place falls with the district, then the protecon shall be

extended to s uch place. This restricon saves the Petition ers from apprehended risk and ensures that th e protecon is not flaunted.

5. It is clarified that there is no adjudicaon on me rits 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 interrogaon of the Petition ers is required in an y cognizable case. It shall also be open for the Petition er(s) to approach this

Court aga in in case of any fresh threat percepon.

6. This order shall eclipse aer fieen days from today .

7. There would be no need for a cerfied copy of this o rder, and any Advocate for the Petition and State can download this order and othe r relevant

parculars from the official web page of this court and aest it to be a true copy. The concerned officer can also verify its authencity and may download

and us e the downloaded copy for immediate use.

Petition is allowed to the extent menoned above . All pending applicaons, if any, stand disposed.

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