Punjab-Haryana High Court
Happy Singh And Another vs State Of Punjab And Others on 18 December, 2023
SANDEEP SETHI
2023.12.19 09:55
2023:PHHC:162019
CRWP-12172-2023
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(124)
CRWP-12172-2023
Date of Decision:-18.12.2023
Happy Singh and another
beeeee Petitioners
Versus
State of Punjab and others
beeees Respondents
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
3 2 3 3k
Present: Mr. Roshan Lal Saini, Advocate for the petitioners.
3k 6 2 ie
ALOK JAIN, J. (Oral)
1. 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 the official respondents to protect the life and liberty of the
petitioners, who got married on 12.12.2023, at the hands of private
respondents.
2. Notice of motion to the official respondents.
3. Mr. Siddharth Attri, AAG, Punjab, accepts notice on behalf of
the official respondents.
4. Considering the nature of the order being passed, there is no
necessity to serve the private respondent(s) or to seek a reply from any one of
the respondents.
5. The petition is disposed of with a direction to respondent No.2 to
take into consideration the request of the petitioners made vide representation
dated 12.12.2023 (Annexure P-5) and take appropriate action, in accordance
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2023:PHHC:162019
CRWP-12172-2023
with law.
6. This petition is being considered only for the purpose of
protection of life and liberty of the petitioners and the filing, pendency or the
orders passed by this Court in this petition shall neither be construed as any
stamp of the Court qua the relationship/marriage of the petitioners nor shall be
relied upon by any authority in any proceedings initiated against them under
any other provision of law.
7. This order shall not operate as an alibi or defence to any
proceedings which might be pending or may arise against the petitioners.
Although, the State is duty bound to protect its citizens and only with the said
motive, the present order/directions have been passed.
8. It is made clear that the filing of this petition and any order
passed herein shall not be taken as any opinion qua any FIR or criminal
proceedings initiated against the petitioners and no Court shall give any
protection on the basis of the order passed herein.
9. It is further made clear to the petitioners that, in case, any
averment made in this petition or in the representation dated 12.12.2023
(Annexure P-5) is found to be incorrect, the State authorities are directed to
take appropriate action, in accordance with law.
10. However, since this petition is being disposed of in limine,
therefore, a copy of the complete paper book be sent through registered post to
respondent Nos.4 and 5 as there is serious doubt with regard to them being
even aware about the act and conduct of their children.
(ALOK JAIN)
JUDGE
December 18, 2023.
Sandeep
Whether speaking/reasoned:- Yes/No
Whether Reportable:- Yes/No
SANDEEP SETHI
2023.12.19 09:55
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authenticity of this order/judgment
