Neha Thakur vs The State Of Madhya Pradesh
2022 Latest Caselaw 8669 MP

                               1
          IN THE HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                             BEFORE
          HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                       ON THE 29th OF JUNE, 2022

                WRIT PETITION No. 14264 of 2022

      Between:-
1.    NEHA THAKUR D/O SHRI SANTOSH THAKUR,
      AGED: 21 YEARS, OCCUPATION: HOUSEHOLD,
      R/O VILLAGE PAYGA POST CHIRWAHA TEHSIL
      PICCHORE DISTRICT SHIVPURI (MADHYA
      PRADESH)

2.    NEETESH VISHWAKARMA S/O SHRI JAGDISH
      VISHWAKARMA, AGE- 21 YEARS, OCCUPATION:
      PRIVATE WORK, R/O VILLAGE PAYGA POST
      CHIRWAHA TEHSIL PICCHORE, DISTRICT
      SHIVPURI (MADHYA PRADESH)

                                                        .....PETITIONERS
      (BY SMT. UMA KUSHWAH - ADVOCATE)

      AND

1.    THE STATE OF MADHYA PRADESH THROUGH
      ITS PRINCIPAL SECRETARY, DEPARTMENT OF
      HOME, MANTRALAYA, GOVERNMETN OF
      MADHYA PRADESH VALLAB BHAWAN BHOPAL
      (MADHYA PRADESH)

2.    THE SUPERINTENDENT OF POLICE JABALPUR
      (MADHYA PRADESH)

3.    THE POLICE STATION HANUMAN TAL,
      DISTRICT JABALPUR (MADHYA PRADESH)
      THROUGH ITS STATION HOUSE OFFICER

4.    SANTOSH THAKUR S/O SHRI RANJEET
      THAKUR, AGED -50 YEARS, R/O MAHARAJPUR
      HOUSING   BORAD     COLONY,   JABALPUR
      (MADHYA PRADESH)

                                                      .....RESPONDENTS
      (BY SHRI JITESH SHARMA - GOVERNMENT ADVOCATE )

     Th is petition coming on for hearing this day, th e court passed the
                                     2
following:
                                      ORDER

This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

i) That, the respondents police authorities may kindly be directed to ensure the protection, life and liberty of the petitioners and stop private respondents no.4 and any other person if they want to take away the life and liberty of the petitioners, in the interest of justice.

ii) That, any other relief which is suitable in the facts and circumstances of the case in favour of the petitioner including the costs throughout may also be granted.

It is submitted by the counsel for the petitioners that the petitioners are

residing in live-in relationship. Both are major and they are free to live their life as per their own sweet Will. Nobody has a right to interfere with their life. However, it is fairly conceded that the petitioners have not approached to the concerning police authorities complaining any threat or attempt to commit any offence.

Thus, it is clear that this petition has been filed in anticipation without any threat. It is the case of the petitioners that both are major. The petitioner No.1 is the permanent resident of Jabalpur and has claimed that after leaving her house she has shifted to the house of the petitioner No.2. Although, this contention has not been specifically made in the writ petition.

Be that whatever it may be.

In case, if the petitioners approach the police authorities with the actual instances of threat or attempt to commit any offence alongwith the name of offender, then the competent police authorities shall look into the complaint and shall act in accordance with the judgment passed by the Supreme Court in the

case of Lata Singh Vs. State of UP, reported in (2006) 5 SCC 475.

Needless to mention here that in case, if any FIR has already been lodged, then this order shall not have any adverse effect on the FIR.

With aforesaid observation, the petition is finally disposed of.

(G.S. AHLUWALIA) JUDGE Pj'S/-

Digitally signed by PRINCEE BARAIYA Date: 2022.06.29 17:52:50 -07'00'