Ku. Pooja v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 455 of 2017 • Kumari Pooja D/o Vinod Kumar Aged About 18 Years R/o Dharam Nagri , West Chirmiri, Police Station Podi Tehsil - Baikunthpur, District Koriya Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through Secretary Home Department Police , Mahanadi Bhawan, Naya Raipur Revenue And Civil District Raipur Chhattisgarh

2. Director General of Police, Raipur Revenue And Civil District Raipur Chhattisgarh

3. Inspector General of Police, Sarguja Range Revenue And Civil District Sarguja Chhattisgarh

4. Superintendent of Police Koriya Baikunthpur District Koriya Chhattisgarh

5. Station House Officer, Police Station Podi, District Koriya Chhattisgarh

6. Smt. Asha , W/o Vinod Kumar Aged About 42 Years R/o Village Khajuri Bazar Tehsil And District Kusinagar U. P. (Wrongly Mentioned As Chhattisgarh In The Cause Title).....Mother

7. Ramesh Kumar S/o Tararu Aged About 40 Years R/o Teachers Colony Doman Hill Chirmiri, Police Station Chirmiri Tehsil - Khadgaon District Koriya Chhattisgarh...... Maternal Unlce

8. Vikas Kumar Baghel S/o D. C. Baghel Aged About 20 Years

9. Dev Charan Baghel Aged About 50 Years 10.Smt. Ragmein Baghel D/o Dev Charan Baghel Aged About 45 Years Respondents No.8 to 10 are R/o Dharam Nagari West Chirmiri , Police Station Podi , Tehsil Baikunthpur, District Koriya Chhattisgarh ---- Respondents For Petitioner :

Shri Surfraj Khan, Advocate For Respondents-State :

Shri S.K. Mishra, PL for the State For Respondent No.6 & 7 :

Shri Rajesh R. Singh, Advocate

Hon'ble Shri Justice Goutam Bhaduri Order On Board 19/03/2018

1. Heard.

2. The instant petition is filed for the following reliefs:- "10.1 That, this Hon'ble Court may kindly be pleased to issue a writ (S), order (S), direction (S) by directing the respondent authorities to provide safety and security to the petitioner from respondents No.6 & 7 and further be pleased to direct and command the respondent authorities to allow the petitioner to live her life of her own without any interference on the part of anybody including respondents no.6 & 7.

10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to bring the entire record relating to the proceeding drawn under Sections 97 & 98 of Cr.P.C. from the Court of learned S.D.M. Khadgawa.

10.3 Any other relief (s) in form of order or orders and/or direction (s) as your lordships may deem fit and proper."

3. Learned State counsel submits that initially a complaint was received that the petitioner was abducted by respondent Nos. 6 &7 wherein it was found that the petitioner was living along with respondent No.8 because of the love relationship in between them. In the reply of the State it is contended that as and when required, the State will provide legal assistance and protection to the petitioner.

4. Considering the reply of the State and the fact that the petitioner and respondent No.8 appear to be major and the State on enquiry has submitted that the petitioner at her free will and wish is residing with respondent No.8, the petition is disposed of with an observation that if the need so arises to the safety and well being of the petitioner, the same shall be ensured by the State authorities.

Sd/- Goutam Bhaduri Judge Ashu