Punjab-Haryana High Court
Sandeep Kaur And Another vs State Of Punjab And Others on 19 December, 2018
238 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-47104-2018
Date of decision: December 19, 2018
Sandeep Kaur and another ....Petitioners
Versus
State of Punjab and others ....Respondents
CORAM: HON'BLE MR. JUSTICE RAJ SHEKHAR ATTRI
Present: Mr. A.J. Mullanpur, Advocate
for the petitioners.
Mr. Sukhbeer Singh, AAG, Punjab.
Mr. Deshpreet Singh, Advocate
for respondents No.4 and 5.
RAJ SHEKHAR ATTRI, J.(ORAL)
This is a petition under Section 482 of the Code of Criminal Procedure seeking issuance of directions to respondents No.2 and 3 to protect the life and liberty of the petitioners at the hands of respondents No.4 to 6.
Status report by way of affidavit of Gurdev Singh Dhaliwal, PPS, Deputy Superintendent of Police (Rural) Patiala filed by learned State counsel is taken on record.
Petitioner No.2-Gurtej Singh has not come present in spite of the fact that he was specifically asked to do so. Even he failed to deposit Rs.5.00 lac as undertaken by him on 23.10.2018.
Learned counsel for the petitioners has submitted that in fact he wants to withdraw his attorney. As such, he is allowed to do so.
Respondents No.5 and 6 are present in court today. They have submitted that they have never posed any threat to the life and liberty of the petitioners. However, they have apprised to this court that petitioner No.2- 1 of 2 ::: Downloaded on - 26-12-2018 12:03:18 ::: CRM-M-47104-2018 -2- Gurtej Singh is already married and having living spouse Gurpreet Kaur daughter of Angrej Singh and this marriage was also solemnized on 21.10.2018 as per Sikh Rites in Gurudwara Sahib Shri Guru Nanak Darbar of Village Danipur, District Patiala. Thus, that is a valid marriage and second marriage with Sandeep Kaur is not valid one.
Without commenting upon the allegations levelled against the petitioners and upon the validity of marriage between the petitioners, this court is of the view that the petitioners are entitled to protection from the hands of private respondents.
In view of the above, interim order dated 23.10.2018 is made absolute.
(RAJ SHEKHAR ATTRI)
JUDGE
December 19, 2018
m. sharma
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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