Smt. Sumitra Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 6416 MP

                                                           1
                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                         BEFORE
                                           HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                   ON THE 28th OF APRIL, 2022

                                           WRIT PETITION No. 13144 of 2021

                               Between:-
                      1.       SMT.   SUMITRA   SHARMA     W/O     SHRI
                               RAMNARAYAN SHARMA , AGED ABOUT 40 YEARS,
                               OCCUPATION: AGRICULTURE R/O VILLAGE
                               JAMUNIYA TAHSIL HATA DISTT. DAMOH
                               (MADHYA PRADESH)

                      2.       SHUBHAM        SHARMA   S/O   LATE    SHRI
                               LAXMINARAYAN SHARMA , AGED ABOUT 21
                               Y E A R S , OCCUPATION: STUDENT    VILLAGE
                               JAMUNIYA, TEH. HATTA, DISTT. DAMOH
                               (MADHYA PRADESH)

                                                                                         .....PETITIONER
                               (BY DR. ANUVAD SHRIVASTAVA, ADVOCATE)

                               AND

                      1.       THE STATE OF MADHYA PRADESH THR.
                               DIRECTOR GENERAL OF POLICE P.H.Q DISTT.
                               BHOPAL, M.P. (MADHYA PRADESH)

                      2.       THE INSPECTOR GENERAL OF POLICE SAGAR
                               DIVISION DISTT. SAGAR (MADHYA PRADESH)

                      3.       THE SUPERINTENDENT OF POLICE DAMOH DISTT.
                               DAMOH MP. (MADHYA PRADESH)

                      4.       THE S.H.O. THANA HATTA DISTT. DAMOH MP.
                               (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                               (BY MS. AISHWARYA SINGH, PANEL LAWYER)

                            This petition has come up for hearing on this day. The court passed the
                      following:
                                                            ORDER

Petitioners have filed this petition under Article 226 of Constitution of India making following prayers :

"1. The Hon'ble Court may be pleased to command the Respondent No.3 to provide police protection to the petitioners keeping in view the representation dated 09.07.2021 (Annexure-P/5) in the interest of justice.

Signature
 SAN      Not
Verified

2. Any other relief or writ or direction or order, which this Hon'ble Court Digitally signed by NEETI TIWARI Date: 2022.04.29 may deem fit and proper looking to the facts and circumstances of the case be 15:15:36 IST

awarded to the petitioner including the cost of the litigation."

Counsel appearing for petitioner submitted that father of Petitioner No.2 namely Late Laxmi Narayan Sharma was murdered. Accused persons who were involved in murder of Late Laxmi Narayan Sharma were also murdered. FIR was

registered against family members of Petitioner No.2 but petitioner No.2 is not named in FIR. Counsel appearing for petitioner No.2 submitted that one of accused persons, who is absconding may try to settle score with Petitioner No.2. Petitioner No.2 is having threat to his life, therefore, he has filed an application before Superintendent of Police, Damoh for protection. It is submitted that application filed by petitioner No.2 has not been considered by Superintendent of Police. Counsel for petitioner relied on judgment report in 1999 AIR SCW 4768 - Yusuf Khan & Ors. Vs. Manohar Joshi and Ors. and also on judgment reported in AIR 1996 Allahabad 131 - Ramveer Upadhyay Vs. State of Uttar Pradesh & Ors. Relying on said judgments, counsel for petitioner submitted that State is obliged to preserve and protect the citizen. In case, there is threat to life of a person, then State is obliged to give security cover and protection to such persons. In view of same, learned counsel for petitioner made a request that superintendent of Police Damoh may be directed to consider and decide representation of petitioner for police protection.

Govt. Advocate appearing for State submitted that pending representation of petitioner shall be considered in accordance with law.

Heard learned counsel for parties.

Considering the aforesaid, writ petition filed by petitioner is disposed off directing Superintendent of Police District-Damoh to consider representation of petitioner objectively and pass reasoned order on it within a period of 30 days' from the date of receipt of certified copy of the order passed today.

With aforesaid, writ petition stands disposed off.

Certified copy as per rules.

Signature
 SAN      Not
Verified
                                                                                      (VISHAL DHAGAT)
Digitally signed by
NEETI TIWARI                                                                               JUDGE
Date: 2022.04.29      nd
15:15:36 IST





Signature
 SAN      Not
Verified

Digitally signed by
NEETI TIWARI
Date: 2022.04.29
15:15:36 IST