Madhya Pradesh High Court
Narayan Singh Kushwah vs The State Of Madhya Pradesh on 22 September, 2017
1WP No.6363/2017
(Narayan Singh Kushwah & Anr. Vs State of M.P & Anr)
22/09/2017
Shri Awadhesh Singh Bhadoriya, learned counsel for
the petitioners.
Shri Kamal Jain, learned Government Advocate for
the respondents/State.
Shri Anil Mishra, Shri Rajeev Sharma and Mrs. Uma Kushwah, learned counsel for the proposed intervenor /complainants.
Heard on IA No. 5889/2017, an application for intervention.
For the reasons stated in the application, the same is allowed and Shri Anil Mishra, learned counsel is permitted to intervene in the matter.
In this petition, the petitioners inter-alia seek direction to the respondents to provide protection to them and prayed for following reliefs :-
''7-1 ;g fd] izR;kFkhZx.k dks vknsf'kr fd;k tkos fd ;kfpdkdrkZx.k ,oa ;kfpdkdrkZ dza-1 ds ifjtuksa dh tkueky dh lqj{kk iw.kZ :i ls lqfuf'pr dh tkos] ;fn ;kfpdkdrkZ dza-2 ds ifjtu Loa; vFkok fdlh vlkekftd rRoksa ds ek/;e ls ;kfpdkdrkZx.k ,oa ;kfpdkdrkZ dza-1 ds ifjtuksa dh tkueky dks uqdlku igqapkrs gSa rks muds fo:) rRdky oS/kkfud dk;Zokgh djsaA 7-2 ;g fd] izR;kFkhZx.k dks vknsf'kr fd;k tkos fd ;kfpdkdrkZ dza-2 ds ifjtuksa dks fdlh Hkh f'kdk;r ds vk/kkj ij ;kfpdkdrkZx.k vFkok ;kfpdkdrkZ dza-1 ds ifjtuksa ds fo:) dksbZ voS/kkfud dk;Zokgh u djsa vkSj ;fn vHkh rd dksbZ dkuwuh dk;Zokgh dh xbZ rks mls fujLr fd;k tkosA 7-3 ;g fd] izR;kFkhZ dza-3 dks vknsf'kr fd;k tkos fd iwNrkN ds uke ij ;kfpdrkdrkZx.k dks csotg ijs'kku vkSj izrkfMr u fd;k tkos vkSj muds Lora= thou;kiu esa fdlh rjg dh ck/kk mRiUu u djsa vkSj u gh dksbZ ck/kk mRiUu gksusa ns a ;fn dksbZ O;fDr ;kfpdkdrkZx.k ds nkEiR; thou esa fdlh rjg dh ck/kk mRiUu djrk gS vFkok mUgsa izrkfMr djrk gS rks muds fo:) fof/k vuqlkj l[r dk;Zokgh dh tkosA^^ 7-4 ;g fd] U;k;fgr esa tks Hkh mfpr gks vkns'k@ funsZ'k tkjh fd;s tkosaA 2WP No.6363/2017 (Narayan Singh Kushwah & Anr. Vs State of M.P & Anr) Learned counsel for the petitioners submitted that petitioners are major, have married each other on their own volition. However, it is submitted that since the petitioners belong to different caste and have already married each other, therefore, the family members of petitioner No.2 are harassing and victimizing petitioner No.1 and his family members in connivance with the police authorities. They are trying to implicate the petitioner in the false case. Police and anti-social elements are harassing the petitioners, therefore, directions be issued to the police authorities to provide protection to petitioner No.1 as well as family member. In case, anybody tries to harass then immediate action be taken against them. In support of his submission, learned counsel for the petitioners has placed reliance on the decision in Lata Singh Vs State of U.P. And Another, (2006) 5 SCC 475 and Shamsher Alam alias Sheru and Anr. Vs State of U.P and Ors 2002 Criminal Law Journal 3588 to contend that such directions can be issued to the police authorities.
On the other hand, learned Government Advocate fairly submitted that in case the petitioners approach the police authorities, suitable action in the matter shall be taken. It is further submitted that petitioners have not impleaded the family members of petitioner No.2 from whom there is apprehension of harassment or intimidation against their life, therefore, such directions without hearing them can not be issued.
3WP No.6363/2017(Narayan Singh Kushwah & Anr. Vs State of M.P & Anr) Learned counsel for the intervenor submitted that he is father of petitioner No.2 Pooja Sharma and certain allegations have been leveled against the intervenor as well as family members and without hearing them, no relief whatsoever can be granted to the petitioners, as such the petition deserves to be dismissed.
Heard the learned counsel for the parties. It is seen that petitioners have approached this Court directly merely on the basis of apprehension. If the petitioners want police protection, they ought to have moved an appropriate application before the police authorities with regard to their grievance.
In these circumstances, the writ petition is disposed of with a direction that if protection is sought by the petitioners against any harassment or intimidation against their life, liberty and dignity arising out of the marriage solemnized by them. The same would be granted to them by the respondents on verifying the factum of marriage and age in accordance with law and in terms of the decision of the Apex Court. In case, petitioners receive any threat from the intervenor, they may resort to the appropriate remedy as available under the law.
It is made clear that this Court has not expressed any opinion with regard to validity of the marriage of the petitioners. Petition stands disposed of accordingly.
Certified copy as per rules.
(S.A DHARMADHIKARI) JUDGE Prachi* 4WP No.6363/2017 (Narayan Singh Kushwah & Anr. Vs State of M.P & Anr)