COCP No.1206 of 2009(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.1206 of 2009(O&M) Date of decision: 13.7.2009 Roop Chand ......Petitioner Versus Sub Inspector Ajaib Singh and others .......Respondents CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Naresh Kaushal, Advocate for the petitioner. Rakesh Kumar Garg, J. CM No.15558-CII of 2009 CM is allowed subject to all just exceptions. COCP No.1206 of 2009 As per the averments made in this petition, one Bhola Rani, daughter of respondent No.2, got married to Surjit Kumar @ Jit Ram on her own and against the wishes of respondents No.2 to 4. Bhola Rani and Surjit Kumar @ Jit Ram were apprehending danger to their life and liberty at the hands of respondents No.2 to 4 and thus, approached this Court by way of Crl.M.No.16933-M of 2009. Vide order dated 24.6.2009 (Annexure P-1), this Court directed SHO Police Station, Nurpur Bedi, Tehsil Anandpur Sahib, District Rupanagar (Punjab) and SHO Police Station, Salem Tabri, Ludhiana Tehsil and Distt. Ludhiana (Punjab) to 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. It has been further alleged in this petition that the petitioner COCP No.1206 of 2009(O&M) 2 came to know that FIR No.103 of 16.6.2009 under Sections 363, 366 and 120-B IPC was registered at Police Station Salem Tabri against Surjit Kumar @ Jit Ram and his other relatives and in order to get that FIR quashed, Bhola Rani and Surjit Kumar @ Jit Ram visited their counsel on 6.7.2009 and when they came to village Hayatpur, respondent No.1 took away Surjit Kumar and Bhola Rani and thus, according to the petitioner, respondent No.1 has violated the order dated 24.6.2009 passed by this Court in Crl.M.No.16933-M of 2009. I have heard learned counsel for the petitioner. It is not in dispute that Bhola Rani and Surjit Kumar @ Jit Ram had filed Crl.M.No.16933-M of 2009 against respondents No.2 to 4 and some other private respondents and without going into the merits of the averments made in the aforesaid Crl.M.No.16933-M of 2009, this Court had passed the order directing SHO Police Station Nurpur Bedi, Tehsil Anandpur Sahib, District Rupanagar (Punjan) and SHO Police Station, Salem Tabri Ludhiana Tehsil and Distt. Ludhiana (Punjab) to ensure the constitutional protection which is available to all the citizens of the country under the Constitution of India. It is not the case of the petitioner that there is any violation of the aforesaid order passed by this Court by respondents No.2 to 4 or the private respondents who were arrayed as respondents in the aforesaid criminal misc. petition. The only grouse of the petitioner is that respondent No.1 had taken away Bhola Rani and Surjit Kumar @ Jit Ram and therefore, has violated the orders passed by this Court in the aforesaid criminal misc. petition. The petitioner has filed this petition being relative of Surjit Kumar @ Jit Ram. Admittedly, FIR No.103 of 16.6.2009 under Sections 363, 366 and 120-B IPC has been registered at Police Station Salem Tabri against aforesaid Surjit Kumar @ Jit Ram and thus, in view of the aforesaid fact, it cannot be said that respondent No.1, who is COCP No.1206 of 2009(O&M) 3 sub Inspector in the Police Station Salem Tabri, Ludhiana, has taken away the aforesaid Surjit Kumar @ Jit Ram etc. against the Constitutional protection as available to the citizens of India. Thus, in view of the aforesaid, I find no merit in this petition and the same is hereby dismissed. July 13, 2009 (RAKESH KUMAR GARG) ps JUDGE