Punjab-Haryana High Court
Megha Grover And Anr vs State Of Punjab And Ors on 18 November, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
CRWP No. 11111 of 2024
121 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRWP No. 11111 of 2024
Date of Decision: 18.11.2024
Megha Grover and another ...Pe oners
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. M.S. Kaler, Advocate
for the pe oners.
Ms. Swa Batra, D.A.G., Punjab.
****
ANOOP CHITKARA, J.
Apprehending threat to their lives and liberty at the hands of the private respondents, the pe oners, who claim to be married, a er crossing eighteen years of age, have come up before this Court by invoking their fundamental rights of life guaranteed under Ar cle 21 of the Cons tu on of India, seeking direc on to the State to protect them from the private respondents.
2. No ces 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 no ces to the private respondents is required. State counsel on instruc ons from ASI Jaspal Singh submits that pe oner No.1 who has been shown to be 18 years of age is infact minor and some manipula on has been done in Aadhar Card. She further submits that an FIR has been registered against pe oner No.2.
3. If the allega ons of apprehension of threat to their 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 protec on to the pe oners for one week from today. However, if the pe oner No.2 no longer require the protec on, then it may be discon nued even before the expiry of one week. A er that, the concerned officers shall Jyoti Sharma 2024.11.20 16:26 1 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRWP No. 11111 of 2024 extend the protec on on day-to-day analysis of the ground reali es or upon the oral or wri en request of the pe oner No.2.
5. The protec on is subject to the stringent condi on that from the me such protec on is given, the pe oners shall refrain from a ending par es, bars, picnics or any area that may pose a risk to their life. The SHO should send police officer(s) to pe oners' home to assess the required level of security. Once the assessment is done, the officer should provide adequate security without the pe oners having to contact them.
6. Learned counsel for the pe oners to direct the pe oners to a end the phone call(s) of the Inves gator. As far as the pe oner No.1 is concerned, being a minor girl as soon as the Inves gator contacts her, he/she shall produce her to the nearest Judicial Magistrate and in case the me is not suitable immediately before a Child Protec on Home and a er that produce her before the concerned Judicial Magistrate. The concerned Judicial Magistrate shall interact with her and it is the concerned Magistrate's discre on whether to record her statement under Sec on 183 BNSS or to proceed without that. If the Magistrate found her adult, he/she a er proper verifica on, allow her to go to place of her choice.
7. In case, pe oner No.1 is found to be minor, learned Judicial Magistrate will either send the minor to Child Protec on Home or to her parents as per the result of the interac on with her. The iden ty of the place where pe oners are staying shall not be revealed to the private respondents.
8. It is made clear that in case pe oner No.1 is found to be minor, her custody shall NOT be handed over to the adult pe oner. It is clarified that there is no adjudica on on merits. It is also clarified that this order is not a blanket bail in any FIR for the pe oners. It is further clarified that this order shall not come in the way if the interroga on of pe oners is required in any cognizable case. It shall also be open for pe oners to approach this Court again in case of any fresh threat percep on.
9. This order shall eclipse a er fi een days from today.
10. There would be no need for a cer fied copy of this order, and any Advocate for the Pe oner and State can download this order and other relevant Jyoti Sharma 2024.11.20 16:26 2 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRWP No. 11111 of 2024 par culars from the official web page of this court and a est it to be a true copy. The concerned officer can also verify its authen city and may download and use the downloaded copy for immediate use.
Pe on is allowed to the extent men oned above. All pending applica ons, if any, stand disposed.
(ANOOP CHITKARA)
JUDGE
18.11.2024
Jyo Sharma
Whether speaking/reasoned: Yes
Whether reportable: No.
Jyoti Sharma
2024.11.20 16:26
3
I attest to the accuracy and
authenticity of this order/judgment
High Court, Sector 1, Chandigarh