Sumankumari W/O Nirmitkumar ... vs State Of Gujarat
2023 Latest Caselaw 6986 Guj

                                                                                       NEUTRAL CITATION




      R/SCR.A/11843/2023                                  ORDER DATED: 21/09/2023

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              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CRIMINAL APPLICATION NO. 11843 of 2023

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      SUMANKUMARI W/O NIRMITKUMAR NILESHBHAI PATEL AND D/O
                     RATNARAM CHAUDHRY
                             Versus
                       STATE OF GUJARAT
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Appearance:
MR. SANDIP PATEL, ADVOCATE for AVANIKA M PANCHAL(8467) for the
Applicant(s) No. 1,2
for the Respondent(s) No. 2,3
MR. RONAK B. RAVAL, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                 Date : 21/09/2023

                                  ORAL ORDER

1. The Petitioners have preferred this Petition under Articles 14, 19, 21 and 226 of the Constitution of India for the prayer to direct the Respondent Nos. 2 and 3 to provide Police Protection.

2. Heard learned Advocate for the Petitioners and learned APP for the Respondent - State.

3. Rule returnable forthwith. Learned APP waives service of notice of Rule on behalf of the Respondent - State.

4. Learned Advocate for the Petitioners submitted that the Petitioners being adult have entered into inter-religious marriage and therefore the Petitioners are receiving threats from family members of the Petitioner No.1. It is submitted that a representation has been made by the Petitioners to the Police Authorities i.e. Respondent Nos. 2 and 3 herein in this regard, however, no action

NEUTRAL CITATION

R/SCR.A/11843/2023 ORDER DATED: 21/09/2023

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whatsoever is taken by the Police Authorities.

5. Upon perusal of record, it appears that in the past, the Petitioners have made representation to the Police Authorities in this regard. However, it appears that no action has been taken thereupon.

6. In view of the aforesaid submissions made by the learned Advocate for the Petitioners, the Police Authorities being Respondent Nos. 2 and 3 are hereby directed to take appropriate action keeping in view the judgment of the Hon'ble Hon'ble Apex court in the case of Lata Singh v. State of Uttar Pradesh reported in AIR 2006 SC 2522.

7. With these observations, the present Petition is disposed of. The duration of protection shall be decided by the appropriate authority looking to the ground realities. Direct service is permitted.

(M. R. MENGDEY,J) J.N.W / 11