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2023 Supreme(Online)(MP) 3022

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE th ON THE 28 OF APRIL, 2023 WRIT PETITION No. 9596 of 2023 BETWEEN:- 1. MS KHUSHBOO D/O LATE MOHAMMAD IBAL, AGED ABOUT 29 YEARS, R/O WARD NO. 10, BHAWANI NAGAR, SIRONJ, VIDISHA (MADHYA PRADESH)

2. ASHISH MEHRA S/O SHRI ASHOK MEHRA, AGED ABOUT 23 YEARS, OCCUPATION: SERVICE VILL. KAJRI BARKHEDA THASIL SIRONJ VIDIAH AT PRE. R/O CHATURVEDI NAGAR (MADHYA PRADESH)

.....PETITIONER (BY SHRI VIVEK JAIN - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. THE SUPERINTENDENT OF POLICE BHIND (MADHYA PRADESH)

3. THE ADDITIONAL DIST. MAGISTRATE CUM REGISTRAR BHIND (MADHYA PRADESH)

4. THE STATION OFFICER CITY KOTWALI BHIND (MADHYA PRADESH)

5. THE SUPERINTENDENT OF POLICE VIDISHA (MADHYA PRADESH)

6. THE STATION OFFICER P.S. SIRONJ VIDISHA (MADHYA PRADESH)

7. SMT. VIDYA MALVIYA @ FIROZA HASHMI W/O LATE SHRI MOHAMMAD IQBAL, AGED ABOUT 55 YEARS, OCCUPATION: SERVICE WARD NO. 10 BHAWANI NAGAR SIRONJ (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI VIVEK KHEDKAR - ADDITIONAL ADVOCATE GENERAL)

This petition coming on for hearing this day, the court passed the following:

Advocates:
Deependra Singh Kushwah,Advocate General

ORDER

The present petition under Article 226 of the Constitution of India has been preferred by the petitioners seeking police protection in the wake of threats which has been given by the family members of petitioner No.1 in respect of the fact that petitioners intend to marry with each other, inter-faith, out of their own free will and consent under the Special Marriage Act. They are seeking a direction for grant of protection of life, liberty and dignity, which according to them, is under threat.

For establishing the age of petitioner No.1 as well as petitioner No.2, copies of mark sheets and Adhar Cards have been produced. However, the parents of petitioner No.1 are harassing and victimizing the petitioners. It is further submitted that the instant petition may be disposed of with the direction to the Superintendent of Police, Vidisha to provide protection to the petitioners. In support of his submission, learned counsel for the petitioners has placed reliance on the decisions in Lata Singh v. State of U.P. and Another, (2006) 5 SCC 475 & in Shakti Vahini Vs. Union of India and Others, 2018 (7)

SCC 192.

On the other hand, learned Government Advocate for the State fairly submitted that in case petitioners approach the police authorities, suitable action in the matter shall be taken.

Taking into account the submissions made by learned counsel for the parties and as agreed to by them, the writ petition is disposed of with the direction to the Superintendent of Police, Vidisha to look into the matter and take appropriate steps for providing protection to the petitioners expeditiously, in view of the law laid down by the Supreme Court in Lata Singh and Shakti Vahini (supra).

The Superintendent of Police, Vidisha is directed to verify the factum of any threat from anybody only then if it deems fit.

The petition stands disposed of.

It is made clear that this Court has not expressed any opinion on the merits of the case.

Certified copy as per rules.

(MILIND RAMESH PHADKE)

JUDGE neetu

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