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2024 Supreme(Online)(MP) 23891

HIGH COURT OF MADHYA PRADESH
MILIND RAMESH PHADKE
Mrs. Parul Jha – Appellant
Versus
The State Of Madhya Pradesh – Respondent
WP 6610/2024



Advocates:
Monica Mishra,Advocate General

Mere apprehensions of danger are not sufficient to warrant police protection.

Headnote:

Fact of the Case:

The petitioners, a married couple, sought police protection as they apprehended danger from the family members of the petitioner no. 1.

Finding of the Court:

The court found that the petitioners' apprehensions were not sufficient to warrant police protection.

Issues: Whether the petitioners were entitled to police protection based on their apprehensions of danger from the family members of petitioner no. 1.

Ratio Decidendi: The court held that mere apprehensions of danger are not sufficient to warrant police protection.

Final Decision: The petition was dismissed, but the court directed the police authorities to give the petitioners an audience before taking any action in case a complaint was made against them.

ORDER

The present petition under Article 226 of the Constitution of India has been preferred by the petitioners seeking police protection as the petitioners who have solemnized marriage apprehend danger from the family members of petitioner no. 1. It has been contended by the learned counsel for the petitioner that the petitioners are major and on their free will have solemnize marriage and petitioner no. 1 wants to live with the petitioner no.2 but they apprehend that respondent no. 4 who is father of petitioner no. 1 may institute complaint against the petitioner no. 2 and in wake of such complaint, further apprehend that the police may harass them.

Per contra, learned Government Advocate on advance copy submits that on mere apprehension protection order cannot be issued by this Court, as from the entire averments made in the Writ Petition only apprehensions have been raised that the family members of petitioner no.1 may cause harm to both of them. Thus, prays for dismissal of the present petition. After hearing counsel for the parties and going through the record, prima facie this Court does not find any reason to allow the said petition and provide police protection to the petitioners, but in the interest of justice directs the police authorities that in case any complaint is made against the petitioners, they may be given an audience before taking any action and thereafter only any decision be taken.

With the aforesaid direction, the petition stands dismissed.

JUDGE Chandni Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 20-Mar-24 2:26:36 PM

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