Sanjay Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 2452 MP

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                        THE HIGH COURT OF MADHYA PRADESH
                              W.P. No.10316/2021
                        (Sanjay Singh & Anr. vs. State of M.P.& ors.)

Gwalior, Dated : 16.06.2021

         Heard through videoconferencing.

         Shri Shailendra Singh Tomar, counsel for the petitioners.

         Shri Deepak Khot, Govt. Advocate, for the respondents/State.

The present petition has been filed under Article 226 of the

Constitution of India seeking the following reliefs:-

i) That the respondents no. 1 to 4 may kindly be directed to provide necessary police protection to the petitioners in the interest of justice.

ii) That, the respondents No. 1 to 4 may kindly be directed not to take any coercive action against the petitioners on the basis of false complaints made by the respondent No.5 or the family members of the petitioner no.2/social elements.

iii) That the action of the respondent No.5 and other anti- social elements threatening the petitioners and interfering in this wedded life may kindly be declared to be illegal, null and void and consequently they be restrained from making such and act.

iv) That, the cost of the petition be awarded or any other order or direction deemed fit in the circumstances of the case be issued in the favour of the petitioners."

It is alleged that the petitioners out of their own sweet-will have

solemnized their marriage on 4.6.2021 at Arya Samaj Mandir, Shanti

Colony, Itawa, District U.P. It is alleged that thereafter the family

members of the petitioners who are not happy with the marriage are

threatening them and are causing hindrance in their peaceful living.

Therefore, the present petition has been filed seeking protection from the

police authorities. It is pointed out that he has already submitted a

representation to the police authorities for seeking protection dated

THE HIGH COURT OF MADHYA PRADESH W.P. No.10316/2021 (Sanjay Singh & Anr. vs. State of M.P.& ors.)

7.6.2021 which was sent by registered post on 8.6.2021. In the light of

the judgment passed by the Hon'ble Supreme Court in the case of Lata

Singh v. State of UP reported in (2006) 5 SCC 475 he has

prayed for granting protection to him by the police authorities.

Per contra, counsel for the State has pointed out that the entire

petition has been filed only on apprehension that some action will be

taken by the authorities against him. The marriage was solemnized on

4.6.2021 within two days he has raised an apprehension and filed the

representation to the authorities without waiting outcome on the

representation he has field the writ petition on 11.06.2021. No breathing

time was provided to the authorities to look into the documents. Neither

there is any averment in the petition that the petitioners have approached

the police authorities at any point of time for redressal of the grievances.

The case law relied upon by the petitioners i.e. Lata Singh (supra) is not

applicable in the facts and circumstances of the present case. Therefore,

no relief can be granted just merely on apprehension.

Heard the learned counsel for the parties and perused the record.

It is not undisputed fact that the marriage was solemnized on

4.6.2021 and the representation was submitted on 7.6.2021 which was

sent through registered post dated 8.6.2021 and on 11.06.2021 the

petition was filed. No averments in the entire petition that the petitioners

have approached the police authorities for redresssal of their grievances.

Nothing on record to show that any action is being taken against them by

the family members. Only apprehension is being raised by the petitioners.

THE HIGH COURT OF MADHYA PRADESH W.P. No.10316/2021 (Sanjay Singh & Anr. vs. State of M.P.& ors.)

In such circumstances, no interim relief can be granted to the petitioner.

However, the petition is disposed of with the direction to the petitioners

to approach the concerning police authorities within seven working days

along with all the relevant documents regarding age and marriage

certificate and in case the petitioners approaches the authorities within

the aforesaid period, the authorities are directed to dwell upon the

representation as well as the documents and take appropriate action in

accordance with law.

Petition is disposed of with the aforesaid observations.

(VISHAL MISHRA) JUDGE van

SMT VANDANA VERMA 2021.06.16 18:55:53 -07'00'