CWP-1124- IN THE HIGH COURT OF PUNJAB AND HARYANA (251) Harbans Lal State of Punjab CORAM: Present: KULDEEP TIWARI 1. Constitution of India, a prayer is made for issuance of a mandamus upon the official respondents No.2 and 3, to ensure the protection of life and liberty of the petitioner and his wife, and daughter of a direction upon the official respondents (supra), to take a legal action on the representations dated 25.10.2023 and 27.10.20 respectively. 2. Mr. Rajesh Chibber, PPS, Deputy Superintendent of Police, Circle Amloh, District Fatehgarh Sahib, on behalf of the respondents No.1, 3 and 4, filed. -2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Harbans Lal Versus Punjab and others HON’BLE MR. JUSTICE KULDEEP TIWARI Mr. K.D. Sachdeva, Advocate and Mr. Sandeep Sharma, Advocate for the petitioner. Ms. Arundhati Kulshreshtha, AAG, Punjab for respondents No.1 to 4. None for respondents No.5 to 7. **** KULDEEP TIWARI, J.(ORAL) Through the instant petition, cast under Articles 226/227 of the Constitution of India, a prayer is made for issuance of a mandamus upon the official respondents No.2 and 3, to ensure the protection of life and liberty of the petitioner and his wife, as the petitioner perceived threat from and daughter-in-law, i.e. respondent No.6. Further, prayer is made for issuance of a direction upon the official respondents (supra), to take a legal action on the representations dated 25.10.2023 and 27.10.20 respectively. Upon notice, short reply dated 31.08.2024, by way of affidavit of Mr. Rajesh Chibber, PPS, Deputy Superintendent of Police, Circle Amloh, District Fatehgarh Sahib, on behalf of the respondents No.1, 3 and 4, 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-1124-2024 Date of Decision : 02.04.2025 …Petitioner Versus ...Respondents KULDEEP TIWARI and Mr. Sandeep Sharma, Advocate Ms. Arundhati Kulshreshtha, AAG, Punjab None for respondents No.5 to 7. Through the instant petition, cast under Articles 226/227 of the Constitution of India, a prayer is made for issuance of a mandamus upon the official respondents No.2 and 3, to ensure the protection of life and liberty of e petitioner perceived threat from his own son Further, prayer is made for issuance of a direction upon the official respondents (supra), to take a legal action on the representations dated 25.10.2023 and 27.10.2023 (Annexures P-3 to P- short reply dated 31.08.2024, by way of affidavit of Mr. Rajesh Chibber, PPS, Deputy Superintendent of Police, Circle Amloh, District Fatehgarh Sahib, on behalf of the respondents No.1, 3 and 4, has been Through the instant petition, cast under Articles 226/227 of the Constitution of India, a prayer is made for issuance of a mandamus upon the official respondents No.2 and 3, to ensure the protection of life and liberty of his own son Further, prayer is made for issuance of a direction upon the official respondents (supra), to take a legal action on -5), short reply dated 31.08.2024, by way of affidavit of Mr. Rajesh Chibber, PPS, Deputy Superintendent of Police, Circle Amloh, has been MANPREET SINGH 2025.04.04 18:37 I attest to the accuracy and authenticity of this order/judgment CWP-1124- 3. dated 06.11.2023, under Sections 323, 324, 498 1860, registered at Police Station Amloh, District Fatehgarh Sahib, on the basis of statement o (i) Barinder Kumar Arora, son of the present petitioner, (ii) Harbans Lal Arora, present petitioner, (iii) Kiran Arora, wife of the petitioner, (iv) Gagandeep Arora and (v) Jagriti account of the demand of dowry has been made. 4. during the investigation, the petitioner and his wife Kiran Arora, has been granted the relief of Fatehgarh Sahib, vide order dated 15.12.2023. The main accused, i.e. Barinder Kumar, the son of the present petitioner, has been absconding and he is presently in Canada ‘Look Out Circular’. 5. is involved in one investigation. Further establish that the petitioner has any threat perception to his life and liberty. 6. passing the asked for mandamus. However, in case, the petitioner perceives any threat perception in future, he is at liberty to concerned, by filing respondent No.3, is directed to look into the representation and thereupon, take apt decision in view of the po Punjab. -2024 The reply (supra), speaks about the registration of an FIR No.150 dated 06.11.2023, under Sections 323, 324, 498 1860, registered at Police Station Amloh, District Fatehgarh Sahib, on the basis of statement of the complainant/respondent No.6 (i) Barinder Kumar Arora, son of the present petitioner, (ii) Harbans Lal Arora, present petitioner, (iii) Kiran Arora, wife of the petitioner, (iv) Gagandeep Arora and (v) Jagriti, wherein, the allegations of account of the demand of dowry has been made. The investigation in the FIR (supra), has been conducted, and during the investigation, the petitioner and his wife Kiran Arora, has been granted the relief of anticipatory bail by the Fatehgarh Sahib, vide order dated 15.12.2023. The main accused, i.e. Barinder Kumar, the son of the present petitioner, has been absconding and he is presently in Canada, regarding which the investi ‘Look Out Circular’. The perusal of the reply (supra) is involved in one other criminal case, in which, the agency has undertaken the investigation. Furthermore, there is no concrete establish that the petitioner has any threat perception to his life and liberty. In view of the above, at this stage, this Court, refrains itself from passing the asked for mandamus. However, in case, the petitioner perceives y threat perception in future, he is at liberty to concerned, by filing an apt motion. In case, such motion i respondent No.3, is directed to look into the representation and thereupon, take apt decision in view of the policy framed 2 The reply (supra), speaks about the registration of an FIR No.150 dated 06.11.2023, under Sections 323, 324, 498-A, 406 and 506 of the IPC, 1860, registered at Police Station Amloh, District Fatehgarh Sahib, on the f the complainant/respondent No.6-Zinia Walia, against (i) Barinder Kumar Arora, son of the present petitioner, (ii) Harbans Lal Arora, present petitioner, (iii) Kiran Arora, wife of the petitioner, wherein, the allegations of cruelty, on account of the demand of dowry has been made. The investigation in the FIR (supra), has been conducted, and during the investigation, the petitioner and his wife Kiran Arora, has been anticipatory bail by the Court of learned Sessions Judge, Fatehgarh Sahib, vide order dated 15.12.2023. The main accused, i.e. Barinder Kumar, the son of the present petitioner, has been absconding and he is , regarding which the investigating agency has issued The perusal of the reply (supra), further reflects that the petitioner criminal case, in which, the agency has undertaken the , there is no concrete evidence on record, establish that the petitioner has any threat perception to his life and liberty. t this stage, this Court, refrains itself from passing the asked for mandamus. However, in case, the petitioner perceives y threat perception in future, he is at liberty to approach the authority apt motion. In case, such motion is filed, the respondent No.3, is directed to look into the representation and thereupon, licy framed, and adopted by the State of The reply (supra), speaks about the registration of an FIR No.150 A, 406 and 506 of the IPC, 1860, registered at Police Station Amloh, District Fatehgarh Sahib, on the Zinia Walia, against (i) Barinder Kumar Arora, son of the present petitioner, (ii) Harbans Lal Arora, present petitioner, (iii) Kiran Arora, wife of the petitioner, cruelty, on The investigation in the FIR (supra), has been conducted, and during the investigation, the petitioner and his wife Kiran Arora, has been learned Sessions Judge, Fatehgarh Sahib, vide order dated 15.12.2023. The main accused, i.e. Barinder Kumar, the son of the present petitioner, has been absconding and he is gating agency has issued petitioner criminal case, in which, the agency has undertaken the to t this stage, this Court, refrains itself from passing the asked for mandamus. However, in case, the petitioner perceives approach the authority filed, the respondent No.3, is directed to look into the representation and thereupon, adopted by the State of MANPREET SINGH 2025.04.04 18:37 I attest to the accuracy and authenticity of this order/judgment CWP-1124- 7. representations is concerned, representations, and the trespassing and damaging the house of the present petitioner. However, in case, the petitioner still learned Illaqa Magistrate concerned, for redressal of his grievance. 8. April 02, 2025 Manpreet -2024 So far as the second prayer regarding taking legal action on the representations is concerned, though the State has replied to the said representations, and as per enquiry no such facts has come to light, regarding he trespassing and damaging the house of the present petitioner. However, in case, the petitioner still fetches any grievance, he is at liberty to approach the d Illaqa Magistrate concerned, for redressal of his grievance. Consequently, the instant writ petition is , 2025 Whether speaking/reasoned Whether reportable 3 So far as the second prayer regarding taking legal action on the though the State has replied to the said no such facts has come to light, regarding he trespassing and damaging the house of the present petitioner. However, in any grievance, he is at liberty to approach the d Illaqa Magistrate concerned, for redressal of his grievance. nt writ petition is disposed of. (KULDEEP TIWARI) JUDGE : Yes/No : Yes/No So far as the second prayer regarding taking legal action on the though the State has replied to the said no such facts has come to light, regarding he trespassing and damaging the house of the present petitioner. However, in any grievance, he is at liberty to approach the MANPREET SINGH 2025.04.04 18:37 I attest to the accuracy and authenticity of this order/judgment