High Court Punjab-Haryana High Court

Pooja And Another vs D.G.P. on 27 July, 2009

Punjab-Haryana High Court
Pooja And Another vs D.G.P. on 27 July, 2009
Criminal Misc. No.M-20203 of 2009                            -1-

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IN THE HIGH COURT OF PUNJAB AND HARYANA
              AT CHANDIGARH

                  Criminal Misc. No.M-20203 of 2009
                  Date of decision : 27.7.2009

Pooja and another                                      .....Petitioners

                          Versus
D.G.P., Punjab and others                              ...Respondents

CORAM : HON'BLE MR. JUSTICE S. D. ANAND

Present:    Mr. Gagan Pradeep S. Bal, Advocate
            for the petitioners.

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S. D. ANAND, J.

The petitioners (Pooja and Vikramjit Kumar) have applied to

this Court for protection from reprisal-related harm/onslaught at the hands

of respondents no. 4 to 10, who are parents and relations of petitioner

no.1.

The petitioners, in support of their plea having attained

majority, have placed on record their affidavits Annexure P-1 and

Annexure P-2 respectively according to which the date of birth of the

petitioner no.1 is 14.1.1987; whereas date of birth of petitioner no.2 is

17.10.1984. The affidavit supported averment made by the petitioners is

that they have entered into matrimonial alliance of their free volition.

Marriage ceremony was performed in Shivnadanda Divine Mission

(Gurukul) Regd. 67, Industrial Area, Phase-I, Chandigarh In support

thereof, the attention of this Court is drawn towards photographs

Annexures P-4 and P-5. The marriage certificate has been placed on

record as Annexure P-3.

Criminal Misc. No.M-20203 of 2009 -2-

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Notice of motion.

On the asking of the Court, Mr. B.S.Sra, learned Additional

Advocate General, Punjab accepts notice on behalf of respondents No..1

and 2.

The respondent No. 2 shall ensure that the petitioners shall

have the similar constitutional protection which is available to all the

citizens of the country under Article 21 of the Constitution of India. The

reiteration of that obvious constitutional guarantee would not be inferred to

be an expression of opinion on the merits of the averments in the course of

the petition qua the factum/validity of their matrimonial alliance.

It will be for the learned State Counsel to communicate this

order to the Director General of Police, Punjab and the Senior

Superintendent of Police, Kapurthala forthwith. The Director General of

Police, Punjab and the Senior Superintendent of Police, Kapurthala shall

forthwith communicate this order to the S.H.O. of the Police Station/Police

Post concerned. The receipt of this order shall be noticed in the

Roznamcha maintained at the concerned Police Station/Police Post.

Disposed of accordingly.

Copy of the order be given to the learned State counsel under

the signatures of the Special Secretary.

July 27, 2009                                          (S. D. ANAND)
Pka                                                         JUDGE