Punjab-Haryana High Court
Samsher Singh And Another vs State Of Punjab And Others on 7 November, 2017
CRM-M-41989-2017 -1-
114
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
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CRM-M-41989-2017
Date of Decision: 07.11.2017
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Samsher Singh and another
..... Petitioners
Versus
State of Punjab and others
..... Respondents
CORAM: HON'BLE MR. JUSTICE SUDIP AHLUWALIA
Present: Mr. Sarvesh Kumar Gupta, Advocate,
for the petitioners.
SUDIP AHLUWALIA J. (ORAL)
Both the petitioners are present in person and identified by their counsel. They seek protection of their life and liberty by contending that both of them having attained the age of majority, having married each other against the wishes of their respective family members respondent Nos.4 to 6, and so seek appropriate protection from the authorities. They submitted a representation (Annexure P-4) in this regard to the Senior Superintendent of Police, Gurdaspur on 05.11.2017, but are still apprehensive about their security in view of the apparent inaction and alleged clout of their family members-respondents.
2. Both of them appear to have crossed the age of majority as seen from the copies of documents filed and have married, each other in support of which, photographs (Annexure P-3) have been placed on record.
3. For the aforesaid reasons, this appears to be a fit case for this Court to invoke the inherent powers under Section 482 of the Cr.P.C. and in view of the mandate contained in Article 21 of the Constitution of India to 1 of 2 ::: Downloaded on - 11-11-2017 04:24:45 ::: CRM-M-41989-2017 -2- protect the citizen's right to life and liberty.
4. Thus the Senior Superintendent of Police, Gurdaspur is directed to consider the representation dated 05.11.2017 (Annexure P-4) and take appropriate steps to ensure that no harm is caused to the life and liberty of the petitioners.
5. It is nevertheless clarified that this order is issued only on the premise that the petitioners appear to have crossed the age of majority as seen from the documents placed on record being their Aadhaar Cards. The petitioners have not produced on record a copy of their marriage certificate. However, they have appended affidavits in support of their marriage and photographs (Annexure P-3). This would not ipso facto amount to granting any seal of approval on the legality of their marriage which essentially would come in the domain of the concerned Matrimonial Courts. Further, they would not be entitled for any protection against their arrest or continuance of any criminal proceedings, if otherwise, found to be involved in commission of any cognizable offence(s).
6. The petition is disposed off with the above direction.
(SUDIP AHLUWALIA) 07.11.2017 JUDGE Bhumika
1. Whether speaking/reasoned: Yes
2. Whether reportable: No 2 of 2 ::: Downloaded on - 11-11-2017 04:24:46 :::