High CourtsSingle Bench(2024) 05 GUJ CK 0049

Sanjana Ketanbhai Babariya & Anr vs State Of Gujarat & Ors

Gujarat High Court · Decided on 20 May 2024

HON’BLE JUDGES
Pranav Trivedi, J
RESULT
Disposed Of
CASE NUMBER
R/Special Criminal Application (Direction - Police Protection) No. 4578 Of 2024

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Judgment

9 paragraphs · 247 words

Pranav Trivedi, J

1.

The Petitioners have preferred this Petition under Articles 12, 14, 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 Petitioner 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 Petitioner being adults have entered into inter-religious marriage and therefore they are receiving threats from family members and have tried to annul the marriage. It is submitted that application has been made by the Petitioners to the Police Authorities in this regard, however, no action whatsoever is taken by the Police Authorities.

5.

Upon perusal of record, it appears that in the past, the Petitioners have made various representations to the Police Authorities in this regard, however, no action appears to have been taken thereupon.

6.

In view of the aforesaid submissions made by the learned Advocate for the Petitioner, the Police Authorities are hereby directed to take appropriate action keeping in view the judgment of the 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.