Punjab-Haryana High Court
Gaganpreet Kaur And Another vs State Of Ut Chandigarh And Others on 2 August, 2022
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
108
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRWP-7379-2022
Date of decision:02.08.2022
GAGANPREET KAUR AND ANOTHER ...Petitioners
Versus
STATE OF UT CHANDIGARH AND OTHERS ...Respondents
CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR
Present: Mr. Madan Bhandari, Advocate
for the petitioners.
Mr. Ankur Bali,, Addl. P.P., U.T. Chandigarh
****
SURESHWAR THAKUR, J. (ORAL)
1. The present petition has been filed under Article 226 of the Constitution of India for the issuance of a writ in the nature of a mandamus hence directing respondent Nos. 2 and 3 to give protection to the life, and liberty, of the petitioners, and against any interference in the peaceful life of the petitioners being made at the behest of respondents No. 4 to 8.
2. The learned State Counsel, does not have any objection, to an order being made by this Court to the respondents concerned, to look into and decide through a speaking order, representation Annexure P-5.
3. Consequently, this Court directs respondents concerned, to within three weeks hereafter, hence decide Annexure P-5, through a speaking order.
4. Petition is disposed of.
5. However, the afore order is subject to the condition that, upon the investigating officer, discovering credible evidence, with respect to the age of the co-petitioner Gaganpreet Kaur, and, in case from the birth 1 of 2 ::: Downloaded on - 03-08-2022 23:14:27 ::: CRWP-7379-2022 (O&M) -2- certificate concerned, it is clear that she is below 18 years, thereupon, upon, a complaint being filed by the father of the afore, it is open for the investigating officer concerned, to draw an appropriate action, against the accused, but in accordance with law. Nonetheless, he may not arrest him without issuing seven days notice upon him.
6. A copy of this order be given dasti on payment of usual charges.
August 02, 2022 ( SURESHWAR THAKUR )
'Ithlesh' JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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