Punjab and Haryana High Court
CRWP/11040/2020 of SIMRAN KAUR Vs STATE OF PUNJAB AND OTHERS on 31 December 2020
THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRWP-11040-2020 Date of Decision: 31.12.2020 Simran Kaur ....Petitioner Versus State of Punjab and others .....Respondents CORAM: HON’BLE MR. JUSTICE JASGURPREET SINGH PURI Present : Mr. Sanjeet Taank, Advocate, for the petitioner.
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CRWP-11040-2020
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
*****
CRWP-11040-2020Date of Decision: 31.12.2020
Simran Kaur....Petitioner
Versus
State of Punjab and others
.....Respondents
CORAM:HON’BLE MR. JUSTICE JASGURPREET SINGH PURI
Present : Mr. Sanjeet Taank, Advocate,for the petitioner.
Through Video Conferencing
JASGURPREET SINGH PURI, J. (Oral)
The present petition has been filed under Articles 226/227 of the Constitution of India with a prayer to grant adequate protection to the life and liberty of the petitioner and also her daughter at the hands of the private respondent Nos.4 and 5.
The learned counsel for the petitioner has submitted that the petitioner is married to respondent No.4 whereas respondent No.5 is the father of respondent No.4. He has further submitted that it is the case where matrimonial dispute arose between the petitioner and respondent No.4 and even the petition under Section 125 Cr.P.C as well as under the Domestic Violence Act are also pending before the learned trial Court. He has further submitted that private respondent Nos.4 and 5 are constantly not only harassing but also physically torturing and beating the petitioner and she had been visiting the Police Station B-Division, Amritsar, repeatedly along with her daughter and some times the SHO had called her at 5:00 PM but no action has been taken nor she has been heard about her problem. The learned counsel for the petitioner further submitted that thereafter the petitioner filed representation (Annexure P-3) to the Commissioner of Police, Amritsar, giving the details of the threat to the petitioner and her daughter but no action has been taken in this regard. He has also submitted that the petitioner is present in his office and she has stated that today morning itself a danda blow has been given on the head of the petitioner. He has also submitted that even the daughter of the petitioner is also present in his office.
Notice of motion to respondent Nos.1 to 3, at this stage.
On the asking of the Court, Mr. Harpreet Singh Multani, Assistant Advocate General, Punjab, who is present in the Court, accepts notice on behalf of respondent Nos.1 to 3 and states that he has no objection if a direction is issued to the Commissioner of Police, Amritsar, to decide the representation (Annexure P-3) given by the petitioner, in accordance with law.
I have heard the learned counsel for the parties.
The present petition can be disposed of at this stage without calling any reply from the respondents. It is directed that the respondent No.2-Commissioner of Police, Amritsar, shall look into the representation (Annexure P-3) filed by the petitioner and thereafter, to assess the threat perception of the petitioner and to take further action, if so required in accordance with law.
Needless to say that in case any threat perception exists then adequate protection shall be granted to the petitioner and her daughter. Let CRWP-11040-2020
the necessary action be taken within one week from the date of receipt of the certified copy of this order.
This petition stands disposed of.
(JASGURPREET SINGH PURI)31.12.2020JUDGEadhikari Whether speaking/non-speaking:Yes/NoWhether reportable:Yes/No