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SCR.A/447/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 447 of 2008
=========================================================
VORA
IDRISHBHAI YAKUBBHAI & ANR
Versus
STATE
OF GUJARAT & ORS
=========================================================
Appearance :
MR
VA MANSURI for Applicants:1-2
MR KP RAVAL, ADDL.PUBLIC PROSECUTOR
for Respondent:1
None for
Respondents:2-3
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CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 18/03/2008
ORAL ORDER
Heard
Mr.V.A.Mansuri, learned advocate for the petitioners.
By
this application, the petitioners seek a direction against the
respondent police authorities to protect the life and property of
the petitioners and their family members from any harm that may be
caused to them from the relatives of petitioner No.2 and other
persons.
Considering
the averments made in the petition as well as upon perusal of the
record of the case, it appears that so far the petitioners have not
made any application to the respondent authorities seeking police
protection. It appears that both the petitioners have so far not
dared to return to Karjan, their home town, apprehending
intimidation and harassment.
Considering
the fact that no application for police protection has been made by
the petitioners to the concerned authorities, there is no question
of issuing a writ of mandamus against the respondent authorities, as
prayed for in the petition. However, it would be open for the
petitioners to move appropriate application seeking police
protection before the respondents No.2 and 3 herein. Needless to
state that if such an application is made, the same shall be
considered by the concerned authorities keeping in view the
observations made by the Supreme Court in the case of Lata Singh
Vs. State of U.P. And Another, 2006 AIR SCW 3499.
Subject
to the aforesaid observations, the petition is disposed of.
(H.N.DEVANI,
J.)
Amit/-
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