LAKHWINDER SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2014-6-53
HIGH COURT OF PUNJAB AND HARYANA
Decided on June 23,2014

LAKHWINDER SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

Rajiv Narain Raina, J. - (1.) THE present petition has been filed under Section 482 Cr. P.C. for directing respondents No. 1 to 3 to grant security to the petitioners against the imminent danger and threat of elimination from respondents No. 4 to 7.
(2.) IT has been pleaded that the petitioner No. 1 is major and his date of birth is 03.09.1992 as per Matriculation Examination Certificate issued by Punjab School Education Board (Annexure P -1). The date of birth of petitioner No. 2 is 29.05.1993 as per School Certificate issued by the Education Department Punjab, (SCERT) (Annexure P -2). It has been averred that the petitioners have got married on 17.06.2014 as per Sikh rites and ceremonies at Gurudwara Sahibzada Fateh Singh, Nagar Masol, District Mohali and copies of marriage certificate and photographs are appended as Annexures P -3 & P -4, respectively. The said marriage is opposed by the private respondents and the petitioners had given a representation dated 18.06.2014 (Annexure P -5) to the Senior Superintendent of Police, District Tarn Taran -respondent No. 2 with a prayer to protect the life and liberty of the petitioners. After hearing counsel for the petitioners and without expressing any opinion on the merits of the case or the validity of the marriage and the age of the petitioners and keeping in view the binding precedent of the Supreme Court in Lata Singh v. State of U.P. and another : (2006) 2 SCC (Criminal) 478, the present petition is disposed of with a direction to respondent No. 2 to look into the matter and take necessary action in accordance with law and provide protection, if required.
(3.) THIS order, however, shall not be construed to mean that the petitioners were of marriageable age at the time of their marriage or that the marriage is legal as per laws applicable to the parties. This order is not intended to put the imprimatur of this Court on the validity of marriage and is limited to protection of the personal liberty of citizens protected under Article 21 of the Constitution of India.;


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