Fool Vano And Another vs State Of Haryana And Others
2022 Latest Caselaw 10562 P&H

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CRWP-8569 of 2022



       IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH


                                           CRWP-8569 of 2022
                                           Date of decision: 06.09.2022

Fool Vano and another
                                                               ......Petitioners

                     vs.


State of Haryana and others
                                                             ......Respondents

CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA

Present: Mr. Kapil Khanna, Advocate,
         for the petitioners.

          Mr. Himmat Singh, Deputy Advocate General, Haryana.

ASHOK KUMAR VERMA, J. (ORAL)

This petition has been filed under Article 226 of the

Constitution of India for directing respondents No.2 and 3 to protect the

life and liberty of the petitioners at the hands of private respondents.

Learned counsel for the petitioners submits that both the

petitioners are major and have decided to marry with each other.

However, parents and other relatives of petitioner No.1 are averse to their

marriage. Now, they are living in a live-in-relationship against the wishes

of respondents No.4 and 5 and have sought protection to their life and

liberty. They apprehend danger at the hands of respondents No.4 and 5.

Therefore, they have submitted a representation dated 02.09.2022

(Annexure P-4) to respondent No.2 - Superintendent of Police, District

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CRWP-8569 of 2022

Kurukshetra.

Learned counsel for the petitioners further submits that the

petitioners are living in a constant danger as they have every apprehension

that respondents 4 and 5 would catch them and carry out their threats and

might go to the extent of even committing their murder. The petitioners

are, therefore, running from pillar to post for protection of their life and

liberty.

In support of his contentions, learned counsel for the petitioners

relies upon the judgments passed by the Hon'ble Supreme Court in

Nandakumar and another Vs. The State of Kerala and others - 2018(2)

RCR (Civil) 899; and Indra Sarma Vs. V.K.V. Sarma' 2013(15) SCC

755.

I have heard the learned counsel for the parties.

Article 21 of the Constitution stipulates protection of life and

liberty to every citizen and that no person shall be deprived of his life and

personal liberty except according to procedure established by law. It is the

bounden duty of the State as per the Constitutional obligations cast upon

it to protect the life and liberty of every citizen.

In view of the above discussion, present petition is disposed of

with a direction to respondent No.2 - Superintendent of Police, District

Kurukshetra, to decide the representation dated 02.09.2022 (Annexure P-

4), moved by the petitioners in accordance with law and grant protection

to them, if any threat to their life and liberty is perceived.

It is made clear that this order shall not be taken to protect the

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CRWP-8569 of 2022

petitioners from legal action for violation of law if any committed by

them.

                                            (ASHOK KUMAR VERMA)
September 06, 2022                                 JUDGE
R.S.

         Whether speaking/reasoned                  Yes/No

         Whether Reportable                         Yes/No




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