Punjab-Haryana High Court
Gurcharan Singh vs State Of Punjab And Others on 23 November, 2023
Neutral Citation No:=2023:PHHC:149853
115+249 2023:PHHC:149853
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-W-1351-2023 in/and
CRWP-1359-2023
Date of Decision:23.11.2023
GURCHARAN ...Petitioner(s)
SINGH
Vs.
STATE OF PUNJAB ...Respondent(s)
AND OTHERS
CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT
Present : Ms. Arzoo Modi, Advocate for
Mr. Abdul Aziz, Advocate
for the petitioner(s).
Mr. M. S. Bajwa, DAG, Punjab.
Mr. Hitesh Verma, Advocate
for respondents No.5 to 8.
N. S. SHEKHAWAT, J. (Oral)
1. The petitioner has filed the present petition under Articles
226/227 of the Constitution of India with a prayer to issue appropriate
directions to respondents No. 2 and 3 to protect the life and liberty of the
petitioner, who apprehends imminent threat at the hands of respondents No.5
to 11.
2. During the course of hearing, vide the order dated 23.03.2023,
this Court had referred the matter to the Mediation and Conciliation Centre
at Dhuri, District Sangrur and the parties appeared before the Centre at
Dhuri on 12.04.2023. The SDJM was directed to submit a report with regard
to the Mediation proceedings held between the parties. The parties appeared
before SDJM, Dhuri and both the parties had stated that they would honor
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the decision of the Court in the Civil matter, which was pending between the
parties.
3. At this stage, learned counsel appearing on behalf of the
petitioner submits that even after the said date i.e. 19.04.2023, petitioner was
again attacked by the private respondents and one DDR No.404 dated
08.05.2023 was got registered by the present petitioner against the private
respondents. Learned counsel for the petitioner had also referred to the MLR
(Annexure P-2) dated 25.04.2023 to contend that the petitioner had suffered
two simple injuries in the said assault dated 25.04.2023.
4. On the other hand, a detailed reply has been filed by State of
Punjab by way of an affidavit of Deputy Superintendent of Police, Sub-
division, Dhuri. Learned State counsel submits that the petitioner had
already submitted various applications dated 09.10.2022, 18.10.2022 and
21.10.2022 to the Senior Police Officers and DSP, Dhuri was appointed as a
Inquiry Officer in the present case. During the course of inquiry, nothing
came to the light about the petitioner being surrounded, abused and
threatened. Even the petitioner could not produce any witnesses to
substantiate the allegations levelled by him in the complaint submitted by
him to the police. Apart from that, neither the petitioner turned up to join the
inquiry proceedings nor any truth had been found in the allegations
mentioned in the applications submitted by the petitioner.
5. Consequently, the inquiry was ordered to be filed by SSP,
Sangrur on 26.12.2022. However, learned State counsel assured the Court
that every attempt shall be made to protect the life and liberty of the present
petitioner. Even the petitioner is at liberty to move a representation to the
higher police officers, if he apprehends any threat to his life and liberty and
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appropriate and necessary action shall be taken by the police officials to
ensure the protection of life and liberty of the petitioner. He has further
assured the Court that the local police officers shall maintain strict vigil in
the area, where the petitioner is residing.
6. On the other hand, learned counsel appearing on behalf of the
respondents No.5 to 11 has also assured the Court that they will not interfere
in the life of the petitioner and will not try to even contact him. Even they
shall abide by the judgments passed by the Civil Courts with regard to the
issues between the parties.
7. In view of the statement made by the learned counsel for the
respondents, no further orders are required and the petition is accordingly
disposed of.
23.11.2023 (N. S. SHEKHAWAT)
M.Sikka JUDGE
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:149853
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