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Bombay High CourtWP/241/2022disposed off

Arati D/O. Balaji Jangale And Another v. The State Of Maharashtra And Others

2022-03-02Hon'Ble Shri Justice V.K. Jadhav,Hon'Ble Shri Justice Sandipkumar C. More3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 963 CRIMINAL WRIT PETITION NO.241 OF 2022 ARATI D/O. BALAJI JANGALE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners: Mr.M K Bhosle h/f Muthal M L. APP for Respondents: Mr. S J Salgare ...

CORAM : V.K. JADHAV & SANDIPKUMAR C. MORE, JJ. Dated: March 02, 2022 ...

PER COURT :- 1.

Learned counsel for the petitioner submits that both the petitioners are now under the police protection, however, the learned APP has rightly pointed out that as to how long such a police protection can be given to both the petitioners free of charge. Learned APP submits that police protection can be given to the petitioners henceforth on charging the protection fees.

2.

The learned counsel for the petitioners submits that, petitioner no.1 girl is receiving threats of her parents and, therefore, police protection is necessary.

3.

The learned APP has pointed out from the police papers that statements of the parents of the petitioner no.1 Arati Jangale and statement of her grand father came to be recorded. They are not giving any threats to the petitioners on any count and, on the other hand, it appears that, they have accepted their marriage. The learned APP further pointed out that both the petitioners are from the same caste and, as such, there are no threats.

4.

At this stage, the learned counsel for the petitioners, on instructions, submits that the parents of the petitioner no.1 Arati Jangale are now giving threats to the parents of the petitioner no.2-Vishal Kolpe. We find no reason to consider the issue of protection of the parents of the boy-petitioner no.2.

5.

On consideration of the entire facts, it appears that, further protection to both the petitioners is not necessary. The parents of the petitioner no.1 Girl and her grand father had stated before the police during the course of recording of their statements that they will not

threat them on any count and they will not trouble them.

6.

In view of the same, Criminal Writ Petition is hereby disposed off, however, the petitioners are at liberty to file an application afresh for protection if occasion so arises, and, upon filing such an application, the Respondents-Authority may consider the same on the basis of seriousness of the threats and other factors as to whether to grant protection or not, or if it is to be granted free of charge or by charging the protection fees. ( SANDIPKUMAR C. MORE, J. ) ( V.K. JADHAV, J. ) ...