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    PATEL BHAVIKABEN D/O RAJENDRABHAI W/O RUPESHKUMAR ARVINDLAL SHAH v. STATE OF GUJARAT

    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    SPECIAL CRIMINAL APPLICATION (DIRECTION - POLICE PROTECTION) NO. 1576 of 2014

    ================================================================ PATEL BHAVIKABEN D/O RAJENDRABHAI W/O RUPESHKUMAR ARVINDLAL SHAH & 1....Applicant(s)

    Versus

    STATE OF GUJARAT & 16....Respondent(s)

    ================================================================ Appearance:

    MR K I KAZI, ADVOCATE for the Applicant(s) No. 1 - 2 MR LB DABHI, AGGL.PUBLIC PROSECUTOR for the Respondent(s) No. 1 ================================================================

    CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI

    Date : 24/04/2014

    ORAL ORDER

    1. The petitioners have married intercaste which is being disapproved by their parents. Contents of the petition would indicate the disapproval of the marriage of the petitioners and that they may face honour killing in retaliation to their marriage against the wishes of respondents No.6 to 17. The petitioners thus apprehend danger to their life and for police protection, applications dated 30.11.2013 (Annexure - C ), dated 25.01.2014 (Annexure - D) and February 2014 (Annexure -E) have been made to the concerned police authority.

    2. Reliance is placed upon Lata Singh Vs. State of U.P. and another [ (2006) 5 SCC 475 ] to contend that in such cases, it is duty of the police to look into the matter and provide police protection.

    Page 1 of 2

    3. In Lata Singh (supra), the Hon'ble Supreme Court while taking a judicial note of the fact that there may be chances of honour killing in case of intercaste marriages, ruled that it was the duty of the police to look into such cases and provide police protection to the family members of married couple fearing danger to their lives.

    4. The case of the petitioners is that the representation filed before the concerned police authority expressing the aforementioned fear and seeking police protection has yielded no results so far.

    5. Learned APP states that such representation will be decided by the Incharge of Police Station to whom copy as stated by the petitioners is forwarded, as expeditiously as possible after taking into consideration Lata Singh (supra) as also the facts of the present case.

    6. In view of the aforementioned statement, it is directed that the representations/applications of the petitioners produced at Annexures - C, D & E to the petition shall be decided by the Incharge Police Officer after taking into consideration the observations made by the Hon'ble Supreme Court in Lata Singh (supra), as also the facts of the case, within a period of ten days from the date of receipt of the writ of this Court.

    7. With the above observations, this petition is disposed of. Direct service is permitted.

    (G.R.UDHWANI, J.)

    syed/

    Page 2 of 2

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    PATEL BHAVIKABEN D/O RAJENDRABHAI W/O RUPESHKUMAR ARVINDLAL SHAH v. STATE OF GUJARAT
    (Apr 24, 2014)