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2017 DIGILAW 366 (JK)

Gurpreet Kour v. State

2017-07-18

B.S.WALIA

body2017
JUDGMENT : 1. FIR No.44/2017 under Sections 447, 323, 504 & 506 RPC of Police Station Gangyal, Jammu dated 18.03.2017 stands registered against respondent Nos.4 & 5 at the instance of the petitioner. 2. Grievance of the petitioner is that she and her family are being threatened by private respondent Nos.4 to 10 not to pursue the aforesaid FIR and to make a statement in their favour, failing which, they would eliminate her. In the aforementioned circumstances, petitioner seeks directions to the police to provide her and her family protection. 3. Learned counsel for the petitioner states that the petitioner would be satisfied if the writ petition is disposed of by directing respondent No.3 to consider threat perception to the petitioner and her family and to provide security. 4. Notice of motion to respondent No.3 only. Mr. W.S. Nargal, learned Sr. AAG accepts notice on behalf of respondent No.3 and states that he has no objection to the limited prayer of the petitioner. 5. Statement of learned counsel for the parties is taken on record. Writ petition is taken on board and is disposed of by granting liberty to the petitioner to submit a representation to respondent No.3. On receipt of representation, respondent No.3 shall consider and decide the same. If on assessment of threat perception to the petitioner and her family at the hands of respondent Nos.4 to 10, respondent No.3 comes to the finding that the circumstances of the case so warrants, then in that eventuality, appropriate protection shall be provided to the petitioner and her family in accordance with law. 6. Needless to mention, no opinion has been expressed on the merits with regard to the allegations leveled by the petitioner against respondent Nos.4 to 10 and same would be subject to outcome of the assessment of threat perception by respondent No.3. In the eventuality of the allegations of the petitioner found to be correct, it would be open to respondent No.3 to take appropriate action in the matter against respondent Nos.4 to 10 apart from providing security to the petitioner and her family. With the aforementioned directions, writ petition along with connected MPs stands disposed of.