Crwp No. 854 of 2025 · Punjab And Haryana High Court · 2025
Case at a glance
- Decided
- 28 Jan 2025
- Bench
- RAJESH BHARDWA
Outcome
Disposed of
Hence, the present petition is disposed of
Provisions considered
- Constitution of India art. 226
- Bharatiya Nyaya Sanhita, 2023 ss. 3(5), 115, 126, 351(2)
Key paragraphs
- Para 55. After hearing learned counsel for the parties and going through the facts and circumstances of the present case, it is evident that cancellation report has been prepared in the above-mentioned FIR. However, representation, Annexure P-4, has been filed by the petitioner for seeking protection…
Judgment
CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ Present: Mr.Pawan Attri, Advocate for the petitioner. ........ RAJESH BHARDWAJ, J.(ORAL)
Present petition has been filed under Article 226 of the Constitution of India praying for issuance of writ in the nature of mandamus for directing respondents No.2 to 4 to protect the life and liberty of the petitioner from the hands of respondents No.5 to 11, who are constantly harassing and extending death threats to the petitioner.
It has been submitted by learned counsel for the petitioner that at the behest of the petitioner, an FIR No.128, dated 28.09.2024, has already been registered against the private respondents at Police Station Alewa, District Jind, under Sections 115, 126, 3(5), 351(2) of BNS. He submits that despite that private respondents are still threatening her and thus, there is a serious threat to life and liberty of the petitioner. It is further submitted that she has also made a representation, dated 17.12.2024 (Annexure P-4), before respondent No.3, however, no action has been taken on the same till date.
MEENU 2025.01.29 12:59 I attest to the accuracy and integrity of this document Notice of motion to respondents no.1 to 4-State only. CRWP-854-2025 -2-
On asking of the Court, Mr.Sumit Jain, Additional Advocate General, Haryana, who is present in Court, accepts notice on behalf of the respondents/State and submits, on instructions, that cancellation report in the above-mentioned FIR is prepared on 05.12.2024 and the same will be filed soon.
Operative part
After hearing learned counsel for the parties and going through the facts and circumstances of the present case, it is evident that cancellation report has been prepared in the above-mentioned FIR. However, representation, Annexure P-4, has been filed by the petitioner for seeking protection to her life and liberty. Hence, the present petition is disposed of with a direction to respondent No.3-Superintendent of Police, Jind, to decide the representation (Annexure P-4) with regard to the threat perception to the life and liberty of the petitioner in accordance with law expeditiously preferably within one month from today and grant her protection, if any threat to her life and liberty is perceived. January 28, 2025 meenuss 1. Whether speaking/reasoned ? 2. Whether reportable ? ( RAJESH BHARDWAJ ) JUDGE Yes/No Yes/No MEENU 2025.01.29 12:59 I attest to the accuracy and integrity of this document
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Hence, the present petition is disposed of
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Bharatiya Nyaya Sanhita, 2023 — ss. 3(5), 115, 126, 351(2).
Which court decided this case, and when?
Punjab & Haryana High Court, on 28 Jan 2025. The bench was RAJESH BHARDWA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.