Swapnali Silvester Dive Alias Swapnali Vitthal Nikam And Another v. The State Of Maharashtra And Another

2025:BHC-AUG:9771-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 25 CRIMINAL WRIT PETITION NO.327 OF 2025 SWAPNALI SILVESTER DIVE ALIAS SWAPNALI VITTHAL NIKAM AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. M.P. Gandle, Advocate for petitioners Mr. G.A. Kulkarni, APP for respondent Nos.1 and 2 ...

CORAM :

SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ.

DATE :

01st APRIL, 2025 ORDER :

Heard learned Advocate for petitioners and learned APP for respondents. Learned APP makes us available the police papers. It appears that the mother of girl had lodged the missing report on 13.02.2024. Thereafter the whereabouts of the missing girl were tried to be found out. But thereafter on 15.02.2024 present petitioner No.1 had made an application before Commissioner of Police, Chhatrapati Sambhajinagar stating that she had left the house on her own wish and had performed marriage with petitioner No.2 by converting herself. But, then as the apprehension was raised by petitioners and taking into consideration the alleged acts of relatives of girl that there is danger to the life of petitioners,

25_Cri.WP_327_2025 by order dated 12.03.2025 we had granted police protection till today. We had made it very clear that the police protection at the cost of State will not be available for the rest of the life of the petitioners. The police papers show that statements of mother of girl, brothers were called by Police Station, Cantonment, Chhatrapati Sambhajinagar and the statements of those persons have been recorded. In the statements, they have stated that they will not do any such act which would harm the petitioners. In view of the said statement, we dispose of writ petition by not extending the police protection to the petitioners, however, by giving directions to Police Station, Cantonment, Chhatrapati Sambhajinagar to visit the house of petitioners once in a week and to make inquiry as to whether everything is all right.

We also make it clear that if henceforth the petitioners desire to have police protection, then they may apply before the Commissioner of Police and be ready to bear the cost for the same. Commissioner of Police to decide on its own merits and procedure.

( SANJAY A. DESHMUKH, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd