LAWS(P&H)-2021-7-272

ADVITIYA LALLER Vs. STATE OF HARYANA

Decided On July 20, 2021
Advitiya Laller Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Vide this application, petitioner no.1 in the accompanying petition seeks a direction to respondents no.2 and 3, i.e. the Superintendent of Police, Rohtak and the Station House Officer, Police Station Arya Nagar, Rohtak, to protect her and enable her to obtain her birth certificate, her educational qualification certificates and other documents from the house of her parents, i.e. respondents no.4 and 5, with learned counsel for the applicant submitting that though the accompanying petition had been disposed of vide an order passed by this Court on 19/1/2021, the prayer being an innocuous one, such protection may be granted.

(2.) When this application had come up for hearing, without really going into the prayer made at that stage, learned counsel had been asked to cite the judgments that he wished to on the issue that once a petition titled as a criminal writ petition had already been finally disposed of by this Court, how this Court have any jurisdiction to alter that judgment, in view of the bar contained in Sec. 362 of the Code of Criminal Procedure, 1973.

(3.) Today Mr. Chathrath has cited various judgments, which in fact, after looking at the prayer in detail, I do not consider necessary to go into, because eventually the applicants/petitioners are again simply asking for protection, with this Court having already directed vide the aforesaid order dtd. 19/1/2021 that respondents no.2 and 3 would ensure that the life and liberty of the petitioners is not put to any harm or threat at the hands of the "private respondents" impleaded in the petition, with the petition itself being one seeking protection of life and liberty upon the petitioners having married each other contrary to the wishes of respondents no.4 to 7 (as contended).