Punjab-Haryana High Court
Pawan Kumar And Another vs State Of Punjab And Others on 1 August, 2023
CRWP No.87-2023 1 2023:PHHC:098300
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
210 CRWP No. 87 of 2023
Date of Decision: 01.08.2023
Pawan Kumar and another ...Petitioners
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Vipan Kumar, Advocate for the petitioners.
Mr. Karunesh Kaushal, AAG, Punjab.
Mr. J.S. Ghumman, Advocate for respondents No. 5 to 10.
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ANOOP CHITKARA, J.
The present petition has been filed under Article 226 of the Constitution of India
for issuance of a writ in the nature of Mandamus directing respondent No. 2 to protect
the life, liberty and property of the petitioners from the hands of respondents No. 3 to
2. Counsel appearing for the private respondents submits that parties happen to be
in blood relations and on instructions states that the petitioner have nothing to fear
from them and their apprehension of threat is not only misconceived but it is also
insulting to them. He further undertakes that there is no threat perceptions at all.
3. At this stage, counsel for the petitioners submits that he would be contended and
satisfied in case, he be permitted to file a fresh representation and the said
representation be decided in a time bound manner.
4. Let the petitioner represent the concerned Senior Superintendent of Police/
Commissioner of Police, within two weeks from today. If the petitioner files a
representation with in the above-mentioned time period of two weeks, then, the same
shall be decided by the concerned Senior Superintendent of Police/ Commissioner of
Police, within two months, either himself/herself or by authorizing and delegating it to
any officer holding IPS cadre. It is clarified that such order must be a reasoned order,
and the same be communicated to counsel for the petitioners as well as
representationists without delay.
JYOTI
2023.08.02 08:54
I attest to the accuracy and
integrity of this order/judgment.
CRWP No.87-2023 2 2023:PHHC:098300
5. Liberty reserved to the petitioners to file fresh petition or to take other legal
remedies in accordance with the law.
6. It is clarified that there is no adjudication on merits. It is further clarified that this
order shall not come in the way if the interrogation of the petitioners is required in any
cognizable case.
7. This order shall eclipse after fifteen days from today.
8. There would be no need for a certified copy of this order, and any Advocate for the
Petitioners 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.
(ANOOP CHITKARA)
JUDGE
01.08.2023
Jyoti-II
Whether speaking/reasoned: Yes
Whether reportable: No.
JYOTI
2023.08.02 08:54
I attest to the accuracy and
integrity of this order/judgment.
