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Alpeshbhai vs State

High Court Of Gujarat|04 May, 2012

JUDGMENT / ORDER

The petitioners have filed this petition under Article 226 of the Constitution of India with the following prayers:
"Your Lordship may be pleased to issue writ of mandamus or certiorari or a writ in the nature of mandamus or certiorari or any other appropriate writ, order of direction directing the respondent no. 1 no. 3 to provide appropriate police protection to the petitioners and be further pleased to direct them to take appropriate steps against the respondent no.4 and his relatives who are threatening, harassing and pressurizing the petitioners."
2. On 20.04.2012, while issuing notice, this Court has passed the following order:
"1. Learned advocate for the petitioners submit that they apprehend threat to their life and representation made to the concerned PSI, Vadnagar Police Station at Mehsana is not yielded any result. They are lawfully married as per the certificate of the Marriage dated 21.3.2012 issued by the competent authority of Registration of Marriage under Gujarat Marriage Registration Act, 2006. Petitioner No.1 is aged about 25 years and petitioner No.2 is 21 years. In support of seeking protection against apprehending danger, learned advocate for the petitioners has relied on the decision in the case of Lata Singh v. State of Uttar Pradesh and Anr. [2007 (1) GLH 41] and submitted that respondent authorities be directed to take immediate steps to protect life of the petitioners and restrain respondents No. 4 to 7 from taking any unlawful action against the petitioners.
2. Issue notice returnable on 26.4.2012.
3. Learned APP, waives service of notice on behalf of respondent Nos. 1 to 3.
4. Meanwhile District Superintendent of Police, District: Mehsana, shall pass necessary order so as to protect life of the petitioners and respondent No.3, Police Sub-Inspector of Vadnagar Police Station, shall accord all necessary protection forthwith to the petitioners. In dereliction on the part of the above two officers in performance of duty or failure to accord protection to the petitioners will be seriously taken note by this Court.
5. Copy of this order be given to learned APP to necessary compliance.
6. Direct service to respondents No. 4 to 7 through concerned Police Officer of the area in which respondents reside."
3. In answer to the notice issued by this Court, The Superintendent of Police, Mehsana has communicated action taken report dated 03.05.2012 addressed to the Public Prosecutor stating that due to intervention and timely steps taken by the police authorities, the petitioners are not subjected to any harassment and adequate police protection will be provided in case of necessity.
4. In view of the above, at this state, the petitioners do not apprehend any threat to their lives. However, it will be open for the petitioner to approach the police authorities in case of any threat to their lives.
With the aforesaid this petition stands disposed of.
Notice is discharged.
[Anant S. Dave, J.] *pvv Top
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Title

Alpeshbhai vs State

Court

High Court Of Gujarat

JudgmentDate
04 May, 2012