LALITABEN JANAKBHAI CHAUDHARYversusSTATE OF GUJARAT
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- M R MENGDEY
Holding
The Court directed the Police Inspector to decide on the petitioners' application for protection within four weeks.
Summary
The petitioners, who have married each other against the wishes of their families, feared for their lives and filed a Special Criminal Application for police protection on 23 April 2026. They alleged that the Dantiwada Police Station had taken no action on their request. The High Court examined whether the police were obligated to act on such an application and whether the court could issue directions to the police. The Court found no procedural defect in the petition and ordered the Police Inspector to take an appropriate decision on the application as expeditiously as possible, preferably within four weeks of the order. The petition was thereafter disposed.
Issues considered
- What legal duty, if any, does the police have to act on a Special Criminal Application for protection?
- Can the High Court direct the police to decide on such an application within a specified time frame?
Subjects
Judgment
R/SCR.A/6448/2026 ORDER DATED: 06/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION - POLICE
PROTECTION) NO. 6448 of 2026
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LALITABEN JANAKBHAI CHAUDHARY & ANR.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS POONAM M MAHETA(11265) for the Applicant(s) No. 1,2
MR. MEET THAKKAR, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 06/05/2026
ORDER
Learned Advocate appearing for the petitioners submitted that the
petitioners have performed marriage with each other which is not accepted by
their respective family members, and therefore, the petitioners are
apprehending danger to their lives. Therefore, they have submitted an
application on 23.04.2026 to the Police Inspector, Dantiwada Police Station for
taking an appropriate action on the said application. However, till date no
action whatsoever has been taken by the concerned Police authorities on the
said application.
Having regard to these aspects, the Police Inspector, Dantiwada Police
Station shall take an appropriate decision on the application submitted by the
petitioners herein on 23.04.2026 as expeditiously as possible preferably within
period of 4 (Four) weeks from the date of receipt of the present order. With
these observations, present petition is disposed of.
(M. R. MENGDEY,J)
RAVI OZA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAVI OZA(HCW0111), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 07/05/2026 18:24:13
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