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High Court Of ChhattisgarhWPCR/466/2019disposed off

Sandhya Banjare v. State Of Chhattisgarh

2019-09-17Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 466 of 2019

1. Sandhya Banjare D/o Shri Arvind Banjare, Aged About 22 Years R/o Village Baihar, Police Station Arang, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Chirag Kothari, S/o Dr. P. N. Kothari, Aged About 41 Years, R/o 20, Balaji Ward, Jagdalpur, District - Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ---- Petitioners

Versus

1. State of Chhattisgarh through its Secretary, Department of Home, Mahanadi Bhawan, Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Director General of Police, State of Chhattisgarh, Police Headquarter, Sector - 19, Atal Nagar Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

3. State of Chhattisgarh, through Superintendent of Police, Jagdalpur, District - Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh

4. State of Chhattisgarh, Through Superintendent of Police, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

5. Shri Arvind Banjare S/o Late Shyamlal Banjare, Aged About 52 Years, R/o Village - Baihar, Police Station - Arang, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

6. Shri Milind Banjare S/o Late Shyamlal Banjare, Aged About 60 Years, R/o Village - Baihar, Police Station - Arang District Raipur Chhattisgarh., District : Raipur, Chhattisgarh -----Respondents For Petitioners : Ms. Aditi Sighvi, Advocate. For State/ Respondents 1 to 4: Mr. C.B. Kesharwani, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 17/09/2019 Heard.

1.

Instant petition has been brought under Article 226 of the Constitution of India for providing police protection to the petitioners against the harassment that is made by respondents 5 and 6. 2.

It is submitted that in the earlier order passed by this court in WPCR

Page No.2 No.373 of 2019 dated 19-06-2019 petitioner No.1 was directed to make representation to the Superintendent of Police Raipur/Jagdalpur and accordingly the representation was made and the petitioners were provided with police protection. Despite presence of police personnel again an incident has taken place on 05-07-2019, when the petitioner had been to appear in an examination in college along with one police personnel who was accompanying her. Even in the presence of the police personnel respondent No.5 and 6 who were armed with knife and firearms threatened and intimidated the petitioner No.2 and also tried to strangulate her, thereafter petitioner No.1 was sent to Sakhi Center where she was not provided with any police protection. Because of being intimidated by this incident, petitioner No.1 could not appear in the examination. Therefore, despite the representation of the Petitioner No.1 she has not been given proper protection, hence, it is prayed that appropriate order be passed.

3.

Learned counsel appearing for the State/ respondents 1 to 4 submits that the petitioner No.1 has left the Sakhi Center on 10-07-2019 and at present she is living in Nagarnar, Jagdalpur and seeking admission in College Hostel in Jagdalpur.

4.

After considering on the submissions made by the counsel for both the sides respondent No.3 is directed to contact the petitioners and if there is demand as well as necessity, then provide them with necessary police protection.

5.

The petition is disposed off with the aforesaid direction. Sd/- Sd/- (Rajendra Chandra Singh Samant) Judge Aadil