Geeth Saptharanga Abegoda ... vs State Of Punjab And Others
2023 Latest Caselaw 16586 P&H

                                                             Neutral Citation No:=2023:PHHC:125241




113                                                    2023:PHHC:125241

       IN THE HIGH COURT OF PUNJAB & HARYANA
                     AT CHANDIGARH

                                        CRM-M-48181-2023
                                        Date of decision: 22.09.2023


GEETH SAPTHARANGA ABEGODA LIYANAGE
                                                                      ...Petitioner.

                          Versus

STATE OF PUNJAB AND OTHERS
                                                                   ....Respondents.


CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY

Present: -   Mr. Rajiv Joshi, Advocate for the petitioner.

                          *****

SANJIV BERRY, J.(ORAL)

The present petition under Section 482 Cr.P.C. has been

preferred by the petitioner for direction to the official respondents to protect

the life and liberty of the petitioner at the hands of respondent No.6.

2. It is, inter alia, contended by learned counsel for the petitioner

that the petitioner is a citizen of Sri Lanka and a student of Lovely

Professional University, Phagwara, who apprehending threats, at the instance

of respondent No. 6, had moved the representation (Annexure P-1) to

respondent No.3- Senior Superintendent of Police, Kapurthala, on

09.09.2023, but till date no action thereon has been taken.

3. Learned counsel for the petitioner also refers to the

judgment of Hon'ble Apex Court in 2013(3) RCR (Criminal) 795 titled

'Issac Isanga Musumba and others Versus State of Maharashtra', to submit

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113 2023:PHHC:125241

that the State is under obligation to protect the life and liberty of any

foreigner who comes to this country and to ensure that their life and liberty

is not deprived except in accordance with the procedure established by law.

He further submits for the purpose of this petition, the petitioner will be

satisfied if representation dated 09.09.2023 (Annexure P-1) is considered

and disposed of in accordance with law in an expeditious manner.

4. Notice of motion to official respondents.

5. On the asking of the Court, Ms. Swati Batra, DAG, Punjab, who

is present in Court, accepts notice on behalf of the official respondents-State.

6. After hearing the respective submissions and considering the

averments made in the petition, the petition is thereby disposed of with

direction to respondent No.3- Senior Superintendent of Police, Kapurthala,

to consider and dispose of the representation dated 09.09.2023 (Anenxure

P-1) in accordance with law in an expeditious manner after giving

opportunity of being heard to the petitioner. Respondent No.3- Senior

Superintendent of Police, Kapurthala, is further directed to intimate the

petitioner about the result of representation.

7. Disposed of.

                                                      (SANJIV BERRY)
                                                          JUDGE

22.09.2023
kanika


i)       Whether speaking/reasoned?          Yes/No

ii)      Whether reportable?                 Yes/No



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