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CRWP-4860-2025 -1- 113 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-4860-2025 (O&M) Date of decision: 13.05.2025 Balwinder Kaur ... Petitioner Vs. State of Punjab and others ... Respondents
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Manmeet Singh Rana, Advocate for the petitioner. ******* HARPREET SINGH BRAR, J. (ORAL)
1. Present criminal writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of mandamus directing respondents No.1 to 3 to protect the life and liberty of the petitioner from the hands of respondents No.4 to 7 and to decide the representations dated 03.05.2025 & 06.05.2025 (Annexures P-2 & P-3) submitted by the petitioner.
2.
Learned counsel for the petitioner, inter alia, contends that the petitioner is 51 years of age and she is living alone in her house, as her husband has gone to Saudi Arabia for long time. The petitioner got built a septic tank outside her house, which is little higher than the street level and the same was reported by the private respondents to the Panchayat. The private VISHNU 2025.05.13 16:03 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh
CRWP-4860-2025 -2- respondents insisted to build the septic tank inside her house, otherwise they would close it forcibly. Thereafter, the petitioner filed a civil suit before the jurisdictional Court at Jalandhar, in which notice has been issued for 23.05.2025 to respondents No.4 & 5 and even they were made to understand by Sub Divisional Magistrate, Adampur not to take the law in their hands. On 01.05.2025 at about 10/10.30 p.m., respondents No.4 to 7 along with some other persons and 02 trolleys filled with soil came and after giving beatings to the petitioner, forcibly filled the said septic tank with soil. On the hue and cry made by the petitioner, the villagers came at the spot and respondents No.4 to 7, by running away from there, entered into their house. After making a call, the police officials came at the spot. The petitioner made a complaint and then, the police took three persons from the house of respondent No.4, however, they were released on the next day. Due to the injuries sustained by the petitioner, she was admitted to Civil Hospital, Adampur, where she remained for one day, as discernible from Medical Legal Report (Annexure P-1). When the petitioner was admitted in the hospital, the jurisdictional police neither recorded her statement nor registered case against the private respondents. Thereafter, the petitioner submitted a representation dated 03.05.2025 (Annexure P-2) to respondent No.2, however, till date, no action has been taken thereon. Further, on coming to know about submission of representation (Annexure P-2), on 05.05.2025, the private respondents came to house of the petitioner and threatened her to withdraw the same, else they would cause bodily harm to her and since then, she is residing at the house of her relative.
Feeling danger to VISHNU 2025.05.13 16:03 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh
CRWP-4860-2025 -3- her life and liberty, the petitioner made representation dated 06.05.2025 (Annexure P-3) to respondent No.2, but the same has not been decided so far. 3.
Learned counsel for the petitioner further submits that the petitioner would be satisfied, in case a direction is issued to respondent No.2 to consider and decide the representation dated 03.05.2025 (Annexure P-2) submitted by her in a time bound manner.
4. Notice of motion to the official respondents only.
5. On asking of the Court, Mr. Subhash Godara, Addl. A.G., Punjab, accepts notice on behalf of respondents No.1 to 3-State. Learned counsel for the petitioner is directed to supply copy of complete paperbook to learned State counsel during course of the day.
6. Keeping in view the prayer made by the petitioner and without commenting anything on the merits of the case, present petition is disposed of with a direction to respondent No.2 to consider and decide the representation dated 03.05.2025 (Annexure P-2) submitted by the petitioner within a period of four weeks from the date of receipt of certified copy of this order, in accordance with law.
[ HARPREET SINGH BRAR ] 13.05.2025
JUDGE vishnu Whether speaking/reasoned : Yes/No Whether reportable : Yes/No VISHNU 2025.05.13 16:03 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh