LAWS(P&H)-2012-4-63

NEHA SHARMA Vs. STATE OF PUNJAB

Decided On April 27, 2012
NEHA SHARMA Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) CRIMINAL Misc. No.24784 of 2012 Application is allowed subject to all just exceptions. CRIMINAL miscellaneous application stands disposed of. CRIMINAL Misc. No. M-12191 of 2012

(2.) BOTH the petitiones are present in the Court and are identified by their counsel.

(3.) LEARNED counsel for the petitioners contends that both the petitioners are major in terms of the documents appended as Annexures P-1 and P-2. They have married each other of their own free will. Photographs of the marriage are appended as Annexure P-4. LEARNED counsel for the petitioners further submits that despite the representation dated 26.04.2012 (Annexure P-5), having been duly submitted to Senior Superintendent of Police, Gurdaspur, respondent No.2, no action is being taken thereon and the petitioners are apprehending danger to their life and liberty at the hands of private respondents No.5 to 9. The issue involved in the present case is a short one, that is to say, seeking only the protection to the life and liberty of the petitioners. This issue, in fact, is no more res-integra. The law, in this regard, has been laid down by the Hon'ble Supreme Court of India, in a catena of judgments including in the cases of A.K.Gopalan versus State of Madras, AIR 1950 SC 27, Kartar Singh versus State of Punjab (1994) 3 SCC 569 and Lata Singh versus State of UP & anr. 2006 (3) RCR (Criminal) 870, which has been followed by this Court in the case of Pardeep Kumar Singh versus State of Haryana 2008 (3) RCR (Criminal) 376.