Rajwinder Kaur vs State Of Punjab And Others
2023 Latest Caselaw 11956 P&H

                          CRWP No. 7680 of 2023                             1                        2023:PHHC:100622


                          106                  IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                          AT CHANDIGARH

                                                                            CRWP No. 7680 of 2023
                                                                            Date of Decision: 04.08.2023

                          Rajwinder Kaur                                                         ...Pe    oner

                                                                   Versus

                          State of Punjab and others                                             ...Respondents


                          CORAM:             HON'BLE MR. JUSTICE ANOOP CHITKARA

                          Present:           Mr. Balbir Singh Jaswal, Advocate for the pe    oner.

                                             Mr. Shiva Khurmi, AAG, Punjab.

                                                                   ****
                          ANOOP CHITKARA, J.

Fearing for life and liberty at the hands of the private respondents, the pe oner, invoking the fundamental right of life guaranteed under Ar cle 21 of the Cons tu on of India, has come up before this Court seeking protec on through the State.

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

3. If the allega ons of apprehension of threat to life 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 oner for one week from today. However, if the pe oner no longer requires the protec on, then at her request, it may be discon nued even before the expiry of one week. A er that, the concerned officers shall 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.

4. This protec on is subject to the stringent condi on that from the me such protec on is given, the pe oner shall not go outside the boundaries of the place of residence, except for medical necessi es, to buy household necessi es, and for bereavements in the families of the close rela ves or close friends. This restric on saves the pe oner from apprehended risk and ensures that the protec on is not flaunted.

5. It is clarified that there is no adjudica on on merits and that this order is not a JYOTI 2023.08.07 15:44 blanket bail in any FIR. It is further clarified that this order shall not come in the way if the I attest to the accuracy and integrity of this order/judgment.

                           CRWP No. 7680 of 2023                          2                      2023:PHHC:100622


                          interroga on of the pe        oner is required in any cognizable case. It shall also be open for
                          the pe       oner to approach this Court again in case of any fresh threat percep on.

6. This order shall eclipse a er fi een days from today.

7. 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 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
                          04.08.2023
                          Jyo -II


                          Whether speaking/reasoned:              Yes
                          Whether reportable:                     No.




JYOTI
2023.08.07 15:44
I attest to the accuracy and
integrity of this order/judgment.