Bajinder Singh And Others vs State Of Punjab And Others
2023 Latest Caselaw 12353 P&H

                                                                                               2023:PHHC:102146

                                            IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                         AT CHANDIGARH

                          212                                            CRWP-2133-2023 (O&M)
                                                                         Date of Decision: 08.08.2023

                          Bajinder Singh and others                                            ......... Pe   oners
                                                                         Versus

                          State of Punjab and others                                           ......... Respondents

                          CORAM:            HON'BLE MR. JUSTICE ANOOP CHITKARA

                          Present:-         Mr. Anurag Arora, Advocate
                                            for the pe oners.

                                            Mr. Karunesh Kaushal, AAG, Punjab.

                                                   ****
                          ANOOP CHITKARA, J. (ORAL)

The present pe on has been filed under Sec on 482 Cr.P.C praying for

issuance of direc on to official respondent No. 2 to direct respondent No. 3 to conduct fair

inves ga on on complaint dated 18.11.2022 (Annexure P-5) and to protect the life and

liberty of the pe oners from the hands of private respondents.

2. On enquiry from the Court about the last me when the pe oners had

faced actual threat percep ons, counsel for the pe oners on instruc ons submits that it

had happened somewhere two months ago.

3. Given above, since as on date, there is no threat percep on, therefore, the

present pe on is disposed of with following observa ons:

(i) In case, the pe oners feel any fresh threat percep ons, they may communicate with the concerned SHO, who shall provide protec on to them on day to day analysis.

(ii) Liberty reserved to the pe oners to file a fresh representa on to the concerned Senior Superintendent of Police/ Commissioner of Police, within fi een days from today. If the pe oners file a representa on with in the above-men oned me period of fi een days, then, the same shall be decided by the concerned Senior Superintendent of Police/ Commissioner of Police, within two months. It is clarified that such order must be a reasoned order, and the same be communicated to counsel for the pe oners as well JYOTI 2023.08.10 14:01 as representa onists without delay.

I attest to the accuracy and integrity of this order/judgment.

CRWP-2133-2023 (O&M) -2- 2023:PHHC:102146

4. Since one of the grievance of the pe oners is that the accused are

threatening him to enter into a compromise. It is clarified that whenever in this case, where

the pe oner is a complainant, any compromise is filed then the concerned Judicial

Magistrate/Sessions Court shall interact with the pe oners to find out that there is no

duress or pressure upon them.

5. Liberty is reserved to the pe oners to take appropriate legal remedies in

accordance with law including filing the complaint under Sec on 156 (3) Cr.P.C. All pending

miscellaneous applica ons, if any, stand disposed of.

                                                                      (ANOOP CHITKARA)
                                                                          JUDGE
                          08.08.2023
                          Jyo -II

                                                  Whether speaking/reasoned            Yes/No
                                                     Whether Reportable                Yes/No




JYOTI
2023.08.10 14:01
I attest to the accuracy and
integrity of this order/judgment.