Punjab-Haryana High Court
Tarvinder Kumar And Another vs State Of Haryana on 16 March, 2022
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
117
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Criminal Writ Petition No. 2386 of 2022
Date of Decision:16.03.2022
TARVINDER KUMAR AND ANOTHER
.......... Petitioners
Versus
STATE OF HARYANA AND OTHERS
.......... Respondents
CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR
Present: Mr. K.S. Saini, Advocate
for the petitioners.
Mr. Pradeep Prakash Chahar, DAG, Haryana.
[ Through Video Conferencing ]
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SURESHWAR THAKUR, J. (ORAL)
1. The present petition has been filed under Articles 226/227 of the Constitution of India for the issuance of a writ in the nature of a mandamus hence directing respondents No.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 Nos.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. 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 Priyanka, and, in case from the birth certificate 1 of 2 ::: Downloaded on - 17-03-2022 04:14:46 ::: CRWP-2386-2022 -2- 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, in accordance with law. Nonetheless, he may not arrest him without issuing seven days notice upon him.
5. Petition is disposed of.
6. A copy of this order be given dasti on payment of usual charges.
March 16, 2022 ( SURESHWAR THAKUR )
'ithlesh' JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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