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2025 DAILYLAW 46766 (CHH)

RUCHI TIWARI DWIVEDI v. STATE OF CHHATTISGARH

WPCR/3/2025 · 2025-01-08

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:1056-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 3 of 2025 1 - Ruchi Tiwari Dwivedi D/o Dinesh Prasad Tiwari, Aged About 20 Years W/o Ranjeet Kumar Dwivedi, R/o Village- Geejatar, Post-Barhula, Police Station - Atraula, District Rewa (M.P.) ... Petitioner(s) versus 1 - State of Chhattisgarh Through Secretary, Department of Home (Jail), Mantralay, Mahanadi Bhawan, New Raipur, Chhattisgarh. 2 - Inspector General Of Police, Bilaspur Range, I.G. Office Bilaspur, District- Bilaspur (C.G.) 3 - Superintendent of Police Korba, District- Korba (C.G.) 4 - Station House Officer, Police Station- Kotwali, District - Korba, Chhattisgarh. 5 - Dinesh Prasad Tiwari, R/o Makan No. 9, Balmiki Awas, Post - Ravishankar Shukla Ward No. 17, Police Station - Kotwali, District - Korba (C.G.) ... Respondent(s) For Petitioner : Shri Sushil Dubey, Advocate. For Respondent : Shri S.S. Baghel, Dy. Govt. Advocate. Hon'ble Shri Justice Ramesh Sinha, CJ Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 08.01.2025 Per, Ramesh Sinha, CJ 1 The petitioner has filed this petition seeking following reliefs: “10.2 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus whereby to direct to Digitally signed by INDRAJEET SAHU Date: 2025.01.09 17:46:00 +0530 2 the concerned police authorities/Respondent No. 2 to 4 to provide protection to the Petitioner and her husband in District - Korba during any kind of police investigation and the Respondent No. 1 to 3 will ensure petitioner and her husband's safety in District- Korba. 10.3 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus whereby to the Respondent No. 2 to 4 to abstain from taking any action or registration of offence against the husband of the Petitioner on account of compliant made by her father/Respondent No. 5. 10.4. Any other relief/reliefs, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition, may also please be granted to the petitioner.” 2 Facts of the case in a nutshell is that, the petitioner is a major girl and her date of birth is 20.09.2004 as per marksheet, Annexure P/1. It is stated that she was having love affair with one Ranjeet Kumar Dwivedi, who claims to be her husband as they performed love marriage in Aryasamaj Mandir, Kharkauni, UP on 31.08.2024 and presently living together in the house of Ranjeet Kumar. It is stated that a complaint has been filed by the respondent No.5 against Ranjeet Kumar Dwivedi. The Korba police is summoning Ranjeet Kumar Dwivedi for the purpose of enquiry and interrogation. Hence this petition with a prayer to restrain the police to take action against or registration of offence against the husband of petitioner and to provide protection to them. 3 Learned counsel for the petitioner submits that there is continuous apprehension and fear of among the Petitioner and his family members with regard to spontaneous unexpected action of the police officials in the name of recording their statement. The respondent No.5, who is father of the petitioner, is disturbing their peaceful relationship. The 3 petitioner and her entire family along with her husband Ranjeet Kumar Dwivedi are apprehending that if they appear before the police, they will detain them unnecessarily in the name of recording statement/enquriy. 4 Learned counsel for the State submits that the complainant is the father of petitioner who have filed a complaint case against Ranjeet Kumar Dwivedi against performing love marriage with her daughter without her permission. Further, the husband of petitioner is being called for the purpose of interrogation in order resolve the dispute. He also states that the husband of petitioner would not be harassed by the Police in pursuance of the said complaint, except in accordance with law. 5 In view of the above facts and circumstances, the present petition stands disposed of with direction to the police authorities that they shall not unnecessarily harass the petitioner, her husband namely Ranjeet Kumar Dwivedi and their family in the garb of interrogation in the complaint case registered against the husband of petitioner namely Ranjeet Kumar Dwivedi, and if they want to interrogate them, they may proceed in accordance with law. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice inder