Punjab-Haryana High Court
Simran Kaur & Anr vs State Of Haryana & Ors on 17 June, 2015
Author: K. Kannan
Bench: K. Kannan
Crl. Misc. No.M-20015 of 2015 -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No.M-20015 of 2015
Date of decision:17.06.2015
Simran Kaur and another ...Petitioners
Versus
The State of Haryana and others ...Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
Present : Mr. Satbir Gill, Advocate
for the petitioners.
K. KANNAN, J. (ORAL)
1. Notice of motion. At the asking of the Court, Mr. Vijesh Sharma, DAG, Haryana accepts notice on behalf of respondent Nos.1 to
4. The counsel for the petitioners shall supply four copies of complete paper book to the counsel appearing for the State.
2. The present petition has been filed under Section 482 Cr.P.C for issuance of direction to respondent Nos.1 to 4 to protect the life and liberty of the petitioners at the hands of respondent Nos. 5 to 11.
3. It is contended by the petitioners that both the petitioners are major and they have gotten married on 14.06.2015. There is no clear evidence about the age of the 1st petitioner. It shall be absolutely essential for the police to duly investigate about the age of the 1st petitioner to ensure that she is not a child within the definition of POCSO Act. The protection shall be given to her and be allowed to be in the company of the 2nd petitioner if there is proof that she is above 18 years of age. If there is no appropriate proof or if on investigation, it is found that the 1st petitioner is less than 18 years of age, the appropriate PANKAJ KUMAR 2015.06.17 15:14 I attest to the accuracy and integrity of this document Crl. Misc. No.M-20015 of 2015 -2- investigation shall be done to ensure that there is no cognizable offence made under the POCSO Act.
4. The petitioners shall give a representation to the 2nd respondent, Senior Superintendent of Police, Sirsa who will consider the same and afford to them such protection as the situation might warrant.
5. The crl. misc. petition is disposed of with the above directions.
(K. KANNAN) JUDGE June 17, 2015 Pankaj* PANKAJ KUMAR 2015.06.17 15:14 I attest to the accuracy and integrity of this document