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2025 DAILYLAW 92026 (PNJ)

JAINAM AND ANOTHER v. STATE OF HARYANA AND OTHERS

CRWP/8842/2025 · 2025-08-18

Subhas Mehla

body2025

Judgment text

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130 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-8842-2025 Date of decision: 18.08.2025 JAINAM AND ANOTHER ...Petitioners VERSUS STATE OF HARYANA AND OTHERS ...Respondents CORAM: HON'BLE MR.JUSTICE SUBHAS MEHLA Present: Mr. Anil K. Parmar, Advocate for the petitioners. Mr. Karan Veer Singh, Sr. DAG, Haryana. ***** SUBHAS MEHLA , J. (Oral) 1. The present petition has been filed under Article 226 of the Constitution of India seeking directions to respondents No.2 & 3 to ensure the protection of life and liberty of the petitioners at the hands of respondents No.4 to 11 and to decide their representation dated 11.08.2025 (Annexure P-3). 2. Learned counsel for the petitioners submits that petitioners are major and are living together. They are into live-in-relationship against the wishes of respondents No.4 to 11, who are extending threats to cause harm to the petitioners and in this regard they gave representation dated 11.08.2025 (Annexure P-3) to respondent No.2 i.e. Superintendent of Police, Faridabad but no action has been taken till now. Priyanka Thakur 2025.08.21 18:12 I attest to the accuracy and integrity of this document 3. Notice of motion. 4. Mr. Karan Veer Singh, Sr. DAG, Haryana, who is present in Court, has accepted the notice on behalf of the respondents-State and submits that the representation dated 11.08.2025 (Annexure P-3) of the petitioner will be looked into and decided by the competent authority in accordance with law. 5. Mr. Arjun Atri, Advocate puts in appearance on behalf of respondents No.4, 5, 7 & 10 and has filed vakalatnama which is taken on record. 6. Hon’ble Division Bench of this Court vide judgment dated 03.09.2021 passed in LPA-769-2021 titled as “Ishrat bano and another Vs. State of Punjab and others” held as under:- “The aspect which we are considering and dealing with is with regard to the threat to the life and liberty to the appellants as has been asserted by them. No doubt, in case a criminal case is registered against any of the parties, the law should take its own course, however, the life and liberty of any person who has approached the Court with such a grievance need to be taken care of and the protection be provided as permissible in law. No person can be permitted or allowed to take law in his hands and therefore, keeping in view the said aspect, we dispose of the present appeal by observing that the Senior Superintendent of Police, Maler Kotla, shall take into consideration the representation dated 17.08.2021 (Annexure P-5) submitted by the appellants and if some substance is found therein, take appropriate steps in accordance with law to ensure that the life and liberty is not jeopardised of the appellants at the hands of the private respondents. This direction shall not be construed in any manner to restrain the official respondents to proceed against the appellants in case there is Priyanka Thakur 2025.08.21 18:12 I attest to the accuracy and integrity of this document some criminal case registered against them. The law shall take its own course and it shall be open to the authorities/investigating agency to proceed against the appellants, if required in law and in accordance thereto." 7. In view of the above and without commenting anything on the merits of the case, the present petition is disposed of with a direction to respondent No.2 to decide the aforesaid representation dated 11.08.2025 (Annexure P-3) of the petitioners in accordance with law. 8. However, any observations made in this order will not be construed as an expression of opinion on the validity of the relationship of the petitioners. It is also made clear that respondents No.4 to 11 are at liberty to avail appropriate remedy available to them under law against the petitioners. In case the petitioners have committed any offence, law will take its own course. (SUBHAS MEHLA) 18.08.2025 JUDGE Priyanka Thakur Whether speaking/reasoned : Yes No Whether Reportable : Yes No Priyanka Thakur 2025.08.21 18:12 I attest to the accuracy and integrity of this document