Citation : 2024 Latest Caselaw 17337 P&H
Judgement Date : 18 September, 2024
Neutral Citation No:=2024:PHHC:123665
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
112 CRWP No.No.9065 of 2024
Date of decision: 18.09.2024
KHUSHBU AND ANOTHER .... Petitioners
Versus
STATE OF PUNJAB AND OTHERS .... Respondents
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present : Mr. Kanwaljeet Singh,, Advocate for the petitioner
Mr petitioners.
Mr. A.S. Samra, A.A.G., Punjab.
****
MANISHA BATRA, BATRA J. (oral)
1. The present petition has been filed under Article 226 226/227 of the
Constitution of India seeking issuance of a writ of mandamus directing the
official respondents No.2 to 3 to protect the life and liberty of the petitioner petitioners at
the hands of respondent Nos. 4 to 8 and take action on their representation
dated 13.09.2024 (Annexure P-3).
P
2. It is submitted by the learned learned counsel for the petitioners that they
are major. They are good friends friend and have good understanding with each
other. Their parents are against their relationship and threats have even been
extended to petitioner No.1 by her parents and relatives to kil killl her. She has left
her house and has started living with the petitioner No.1. Apprehending danger
to their lives and liberty, they gave representation dated 13.09.2024 to the
respondent No.2 but the same has not been taken into consideration and hence,
thee present petition. He has placed reliance upon the judgments passed by this
Court in CRWP-7908-2023 CRWP titled as Kanti ti and another vs. State of Haryana
and others, CRWP-4725-2021 CRWP titled as Seema and another vs. State of
Punjab jab and others and CRWP-8348-2021 2021 titled as Anmol Kaur and
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Neutral Citation No:=2024:PHHC:123665
another vs. State of Punjab and others, whereby whereby,, protection has been granted
to the couple in case of same gender.
3. Notice of motion.
4. Mr. A.S. Samra, A.A.G., Punjab Punjab,, accepts notice on behalf of
respondents No.1 to 3, at this stage. The petitioners' counsel is directed to
supply the copy of the petition to him.
5. I have heard learned counsel for the petitioners as well as learned
State counsel. Without W going into the question of legality of their relati relationship onship
as well as without entering upon an exercise to evaluate the veracity of the
averments made in the petition and also with regard to the sanctity of
relationship or age of the petitioners, this petition is disposed of with a
direction to the respondent responde No.2-The The Commissioner of Police, Ludhiana to
look into the matter and dispose of the representation dated 13.09.2024
(Annexure P-3)
3) in accordance with law and also to take necessary step, if any,
genuine threat to life and liberty of the petitioners is found.
6. A copy of this order along with copy of representation dated
13.09.2024 (Annexure P-3) P 3) be sent to respondent No.2, so as to enable him to
do the needful expeditiously.
7. It is made clear that this order shall not be taken to protect the
petitioners etitioners from legal action for violation of law, if any, committed by them.
(MANISHA BATRA) 18.09.2024 JUDGE Jyoti-IV Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No
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