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2025 DAILYLAW 2222 (GUJ)

GITABEN D/O MALABHAI CHAUHAN W/O KIRANBHAI RAVJIBHAI THAKOR v. STATE OF GUJARAT

SCR.A/3103/2025 · 2025-07-24

Hasmukh D Suthar

body2025

Judgment text

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R/SCR.A/3103/2025 ORDER DATED: 24/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - POLICE PROTECTION) NO. 3103 of 2025 ========================================================== GITABEN D/O MALABHAI CHAUHAN W/O KIRANBHAI RAVJIBHAI THAKOR & ANR. Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MS ANGEL D GOHEL(12985) for the Applicant(s) No. 1,2 MR ROHAN SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 24/07/2025 ORAL ORDER 1. Rule. Learned APP waives service of notice of rule for and on behalf of the respondent-State. 2. By virtue of present petition under Article 226 of the Constitution of India, the Petitioners pray for appropriate direction to respondent No.2 to provide police protection to their lives and liberty and protection from any threats or physical assault from the private respondent. 3. Learned counsel for the Petitioners submits that, the Petitioners got married against the family members of petitioner No.1 and therefore, have made an application dated 19.03.2025 to respondent No. 2 and have requested for police protection. 4. Looking to the facts of the case, apprehension expressed by the petitioners in the petition is squarely covered by the decisions of the Apex Court in the cases of Shakti Vahini Vs. State of Madhya Pradesh (Case No.231/2010) and Lata Singh Vs. State of UP, reported in 2007 (1) GLH 41. R/SCR.A/3103/2025 ORDER DATED: 24/07/2025 5. In view of the above, Police authority concerned shall look into it and conduct preliminary inquiry to ascertain the authenticity, nature and gravity of there threat perception. On being satisfied as to the authenticity of such threats, then take necessary action to ensure that there is no danger to the lives and liberty to the Petitioners. The police authority shall follow the directions given by the Apex Court in the case of Shakti Vahini Vs. State of Madhya Pradesh (Case No.231/2010). 6. With the above observation and directions, present petition stands disposed of. Rule is made absolute to the aforesaid extent. Direct service is permitted. (HASMUKH D. SUTHAR,J) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 25/07/2025 12:12:49