The High Court
Case Details
IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH AT CHANDIGARH 109 Rafeeq CRWP-12448 12448-2025(O&M) Date of decision: 21.11.2025 Date of decision: ...Petitioner VERSUS Haryana and others State of Haryana and others ...Respondents CORAM : HON'BLE MR. JUSTICE
Legal Reasoning
Ex facie, I find that the present petition is Ex fac ie, I find that the present petition is a renewed attempt at institution of a fresh case after the petitioner failed to secure any relief in institution of a fresh case failed to secure any relief in his first attempt in CRWP-11223-2025 which was dismissed on 17. first attempt in 2025 which was dismissed on 17.10.2025 itself. 6. Even though the core of the argument is that the respondents Even though the core of the argument Even though the core of the argument malicious intent against the petitioner, however, the reason for such harbour malicious intent against the petitioner, however, the reason for such malicious intent against the petitioner, however, the reason for such SUMIT SINGH GUSAIN 2025.12.09 18:34 I attest to the accuracy and integrity of this document 109 CRWP-12448-2025 (O&M) CRWP 3 malice and the circumstances lice and the circumstances for which the malice would extend which the malice would extend to causing physical harm has not been disclosed. Further, the nature of allegations are physical harm has not been disclosed. Further, the nature of allegations are physical harm has not been disclosed. Further, the nature of allegations are such which cannot be established. The allegation just being that vague and such which cannot be established. The allegation just being that such which cannot be established. The allegation just being that with no injury to any person, rests only on an attempt was made to run over, with no injury to any person, rests only on an attempt was made to run over, serving statement. a self-serving statement. 7. Besides, the petitioner contends that the respondents have been Besides, the petitioner contends that the respondents have been Besides, the petitioner contends that the respondents have been threatening to eliminate/falsely implicate him in some cases. There is threatening to eliminate/falsely implicate him in some cases. There is threatening to eliminate/falsely implicate him in some cases. There is no documentation attached alongwith the present petition with no documentation attached alongwith however, no documentation attached alongwith respect to any complaint having been ever submitted by respondent No.4 or respect to any complaint having been ever submitted by respondent No.4 or respect to any complaint having been ever submitted by respondent No.4 or respondent No.5 against the petitioner. respondent No.5 against the petitioner. 8. In the absence of any mens rea or corroborated actus, issuance In the absence of any mens rea or In the absence of any mens rea or of direction by the High Court may just prejudice rights of the other party. of direction by the High Court may just prejudic of direction by the High Court may just prejudic 9. petitioner is concealing more than he has chosen to reveal The petitioner is concealing more than he has chosen to reveal The before this Court. I find that such is Court. I find that such petition might be might be an attempt to secure a the guise of an innocuous order, by withholding material the guise of an innocuous order, relief, under the guise of an innocuous order, information. 10. securing some sort of an order, by whatever The attempt at securing some sort of an order, by whatever The attempt at is a practice which needs to be deprecated. There is no means possible, is a practice which needs to be deprecated. There is no means possible, reason for the petitioner to have approached this Court within a span of a reason for the petitioner to have approached this Court within a span of reason for the petitioner to have approached this Court within a span of fortnight after withdrawal of the earlier criminal writ petition fortnight after withdrawal of the earlier c riminal writ petition after having This Court does not find that sufficient argued the same at length. This Court does not find that sufficient argued the same at length. circumstances exist wherein a direction as prayed for ought to be issued. circumstances exist wherein a direction as prayed for ought to be issued. circumstances exist wherein a direction as prayed for ought to be issued. 11. Finding the instant petition, prima facie Finding the instant petition, prima facie as an abuse of the process of Court, the same Court, the same is dismissed with is dismissed with a cost of Rs.5,000/- to be deposited with District Legal Services Authority, Nuh at Mewat, Haryana by deposited with District Legal Services Authority, deposited with District Legal Services Authority, SUMIT SINGH GUSAIN 2025.12.09 18:34 I attest to the accuracy and integrity of this document 109 CRWP-12448-2025 (O&M) CRWP the petitioner. 4 12.
Arguments
VINOD S. BHARDWAJ HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Ms. Amarjeet Kaur or the petitioner. Ms. Amarjeet Kaur, Advocate, for the petitioner. \ Dr. (Ms.) Malvika Singh, DAG, Haryana. Dr. (Ms.) Malvika Singh, DAG, Haryana. Dr. (Ms.) Malvika Singh, DAG, Haryana. ***** VINOD S. BHARDWAJ BHARDWAJ, J. (Oral) 2025 CRM-W-1677-2025 Allowed, as prayed for. Allowed, as prayed for. Main case The instant petition has been filed The petition has been filed under Article 226 of the for seeking directions to respondents No.2 and 3 to Constitution of India for seeking directions to respondents No.2 and 3 to Constitution of India on the allegation that he is protect the life and liberty of the petitioner on the allegation that he is protect the life and liberty of the petitioner apprehending danger at the hands of respondents No.4 and 5, who want apprehending danger at the hands of r espondents No.4 and 5, who want to eliminate the petitioner and/or to implicate him in false criminal cases and eliminate the petitioner and/or to implicate him in fal eliminate the petitioner and/or to implicate him in fal also to decide the representation dated 10.11.2025 submitted by the also to decide the representation dated 10.11.2025 also to decide the representation dated 10.11.2025 petitioner. 2. Learned counsel appearing on behalf of the petitioner contends Learned counsel appearing on behalf of the petitioner contends Learned counsel appearing on behalf of the petitioner contends with vehemence that the respondent No.4-Zuber Khan, son of Deen Mo with vehemence that the respondent No.4 Zuber Khan, son of Deen Mohd., as a Data Entry Operator in the office of resident of Ferozepur Jhirka, works as a Data Entry Operator in the office of resident of Ferozepur Jhirka, works the Deputy Commissioner, Nuh on contractual basis. He alongwith his live- the Deputy Commissioner, Nuh on contractual basis. He alongwith his live the Deputy Commissioner, Nuh on contractual basis. He alongwith his live naz Bano, are extending life threats to in partner and real sister-in-law, Sehnaz Bano, are extending life threats to in partner and real sister ting to implicate him in false cases. It is alleged that the petitioner and attempting to implicate him in false cases. It is alleged that the petitioner and attemp SUMIT SINGH GUSAIN 2025.12.09 18:34 I attest to the accuracy and integrity of this document 109 CRWP-12448-2025 (O&M) CRWP 2 the petitioner apprehended threat to his life and hence had filed CRWP- the petitioner apprehended threat to his life and the petitioner apprehended threat to his life and 2025 before this Court for seeking protection of his life from Zuber 2025 before this Court for seeking protection of his life 11223-2025 before this Court for seeking protection of his life Khan and Sehnaz Bano. However, after arguing the matter at some length, Khan and Sehnaz Bano. However, after arguing the matt Khan and Sehnaz Bano. However, after arguing the matt the said criminal writ petition was dismissed as the said criminal writ petition was dismissed as withdrawn. Order in this regard was specifically passed on 17.10.2025. regard was specifically passed on 17.10.2025. 3. She contends that after withdrawal of the said writ petition, the She contends that after withdrawal of the said writ petition She contends that after withdrawal of the said writ petition respondents No.4 and 5 have renewed threat to respondents No.4 and 5 have to eliminate the petitioner. On 10.11.2025, when the petitioner was travelling from 10.11.2025, when the petitioner was travelling from his house towards Nuh, the respondent No.4 intercepted the petitioner by blocking the way with his the respondent No.4 intercepted the petitioner by blocking the way the respondent No.4 intercepted the petitioner by blocking the way car, tried to hit him and crush hit him and crush him under the vehicle an him under the vehicle and attempted to portray petitioner escaped on the first attempt, the incident as an accident. Since the petitioner escaped on the first attempt, the incident as an accident. Since the the respondent No.4 reversed his car and again tried to hit the petitioner, respondent No.4 reversed his car and again tried to hit the petitioner with an intent to intimidate and terrorize him. An alarm was raised by him with an intent to intimidate and terrorize him. An alarm was raised with an intent to intimidate and terrorize him. An alarm was raised upon which local people gathered at the spot. The resp upon which local peopl e gathered at the spot. The respondent No.4 hence further contends that an application in this regard fled from the spot. She further contends that an application in this regard fled from the spot. was sent by the petitioner to officials, however, no action was taken the petitioner to officials, however, no action was taken thereupon, hence the present petition. thereupon, hence the present petition. 4. I have heard learned counsel for the petitioner at length and I have heard learned counsel for the petitioner at length and I have heard learned counsel for the petitioner at length and have gone through the documents appended alongwith the present petition. have gone through the documents appended alongwith the present petition. have gone through the documents appended alongwith the present petition. 5.
Decision
Pending application(s), if any, shall also stand disposed of. Pending application(s), if any, shall also stand disposed of. Pending application(s), if any, shall also stand disposed of. 21.11.2025 Sumit Gusain (VINOD S. BHARDWAJ) (VINOD S. BHARDWAJ) JUDGE Whether speaking/reasoned Whether speaking/reasoned Whether reportable Whether reportable : : Yes/No Yes/No SUMIT SINGH GUSAIN 2025.12.09 18:34 I attest to the accuracy and integrity of this document