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SCR.A/689/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 689 of 2011
=========================================================
SAMBHVANI
PRAKASHKUMAR LAXMANBHAI & 1 - Applicant(s)
Versus
DISTRICT
SUPERINTENDENT OF POLICE - MEHSANA & 4 - Respondent(s)
=========================================================
Appearance
:
MR
FB BRAHMBHATT for
Applicant(s) : 1 - 2.
None for Respondent(s) : 1 - 4.
MR LR
PUJARI, ADDL.PUBLIC PROSECUTOR for Respondent(s) :
5,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 22/03/2011
ORAL
ORDER
1. Heard
learned advocate Mr.F.B.Brahmbhatt for the petitioners and learned
APP Mr.L.R.Pujari for the respondent No.5-State.
2. This
petition is filed by the petitioners for providing necessary
protection to the petitioners as both the petitioners have married
against the will of their parents. Learned advocate for the
petitioners submitted that the relatives of the petitioners have
tried to take custody of the girl and therefore they have made an
application to the respondent No.2 – Police Inspector, Visnagar
Police Station but no action has been taken by respondent No.2.
Learned advocate Mr.Brahmbhatt has relied upon the decision of the
Hon’ble Supreme Court in the case of Lata Singh vs. State of U.P.
& Anr., reported in AIR 2006 SC 2522, more particularly, in
paragraphs 18 and 19 which reads as under:
“18. We
sometimes hear of ‘honour’ killings of such persons who undergo
inter-caste or inter-religious marriage of their own free will. There
is nothing honourable in such killings, and in fact they are nothing
but barbaric and shameful acts of murder committed by brutal, feudal
minded persons who deserve harsh punishment. Only in this way can we
stamp out such acts of barbarism.
19. In the
circumstances, the writ petition is allowed. The proceedings in
Sessions Trial No.1201/2001 titled State of U.P. v. Sangita Gupta &
Ors. arising out of FIR No.336/2000 registered at Police Station
Sarojini Nagar, Lucknow and pending in the Fast Track Court V.
Lucknow are quashed. The warrants against the accused are also
quashed. The police at all the concerned places should ensure that
neither the petitioner nor her husband nor any relatives of the
petitioner’s husband are harassed or threatened nor any acts of
violence are committed against them. If anybody is found doing so, he
should be proceeded against sternly in accordance with law, by the
authorities concerned.”
3. It
is an admitted fact that till today no complaint is lodged by the
father of the victim against the petitioners. No complaint is
placed on record which shows that the petitioners have made any
application before the police for taking appropriate steps for their
protection. Except bare words and showing the copy of Registered
Post A.D. Slip, nothing is placed on record of the case. In these
facts and circumstances of the case, the petitioners are directed to
submit an application before the District Suptd. Of Police, Mehsana
– respondent No.1 herein, and if such an application is
preferred by the present petitioners, then the respondent No.1 –
DSP, Mehsana will look into the matter and take appropriate steps in
the matter.
4. With
the above direction, this petition is disposed of. Direct service is
permitted.
[M.D.Shah,
J.]
syed/
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