Umairullah Khan Samiullah Khan v. The State Of Maharashtra Thr. Pso Ps Ralegaon Dist.Yavatmal And 4 Others

2024:BHC-NAG:6476-DB wp-465-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Writ Petition No. 465 of 2024 Umarullah Khan Samiullah Khan

Versus

The State of Maharashtra through PSO, PS Ralegaon, Dist. Yavatmal and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Fasihur Ramhan Kashif A.R, Advocate for the petitioner. Shri S.S.Doifode, APP for the respondent nos. 1 to 3/State. Shri Kailash Rawandhe, Advocate for the respondent nos. 4 & 5. CORAM : SMT. VIBHA KANKANWADI & MRS. VRUSHALI V. JOSHI, JJ.

DATED : 25th JUNE, 2024.

Heard.

2.

In response to the notice issued by order dated 14th June, 2024, the respondent no.5 has been produced before us. We have taken the matter in chamber and interacted with the respondent no.5. She has stated that she is presently running the age of 22 years. She admits that she got married to the petitioner on 7th May, 2024 as per the Muslim's rites, prior to that she has been converted herself. She also reiterates that her marriage with the petitioner is voluntarily i.e. free-will and she had given such statement to the police. SKNair

wp-465-24.odt 3.

Upon interaction with the girl i.e. respondent no.5, she has expressed desire to go with her husband i.e. petitioner. We may not go into the aspects as to whether she was then confined but after she has been produced and when she is major, her wish has to be respected.

4.

The respondent no.5 is apprehending danger to her life as well as to the petitioner's life and therefore it would be appropriate for us to direct the respondent/State to give police protection to the petitioner and the respondent no.5. The Commissioner of Police, Nagpur to arrange for the escort i.e. appropriate police constable and one whom to be a lady constable to accompany with the petitioner and the respondent no.5 to Kalamb and thereafter the Police Inspector, Kalamb Police Station to provide adequate security to the petitioner and the respondent no.5 for a period of one month and thereafter if needed then may be at the costs of charge to be paid as per the charges settled by the State Government. 5.

The Police Inspector, Kalamb is directed to protect the life and property of the petitioner and the respondent no.5 and to make necessary arrangement in that respect.

6.

In view of these directions, the writ petition stands disposed of.

7.

Authenticated copy be supplied to the parties. [ MRS. VRUSHALI V. JOSHI, J.] [SMT. VIBHA KANKANWADI, J.] SKNair