yii'il.il.fc WfcN(»tiJ c_^ \G^y— IN THE HO'BLE HIGH COURT OF CHHATTISQARH AT BILASPUR WRIT PETITION (CR) N0. ^A12,%1 OF 2010 PETITIONER Miss RituShukla,D/o Vinod Kumar Shukla^ aged. about .21 ^L£5s~ea^.y'QiYP»r:£gi^ years, R/o^^T iQU- V) 13s Jslager Bilapur, District- Bilaspur (C.G.) RfiSPONDENTS nW^ ^gj^ ^//y .fr^'. YERSl^ ^ d^^*'^- -rt—^^,^^ :1. '''' The Superintendent of Police, Bilaspur, District- Bilapur (C.G.) 2. The Director General ofPolice, . Headquarter, Raipur (C.G.) 3. ^ Station House Officer, Police Station Civil Line Bilaspur, : Distriet-Bilapur (C.G.) 4:- .y'. <?'••' >. Vinod Kumar Shulda, S/oLate Ram Nath Shyya, _ i(ged abput . .52. -,_23-73'3r^^TY 'pwr~g; (^SL years, R/o V~ KH.oh \/ikss~^ysc Bilaspur, District- Bilaspur (C.G.) 5. Smt. SurelA Shukla W/o Vinod Kumar Shukla, ^agei,!. .alaoyt "sf', f>s^.ij^'ywy years, R/o Sj__v^tiSli ViKas Naecr 1 Bilaspur, District- Bilaspur (C.G.) fKa^- WRIT PETITION UNDER ARTICLE 226 01'LTHE CQNSTITUTION ®GHjs0t]^ii)e@ninsB®'ii^si'^^ •WMT:,PET:itI<M^€%^;;?t6.^3'8^of3®lii IVlissRituShiikla.ii yEKSUS, ;,:../i; :..-;.::,: StateofChhattisgarhfeQfhers. WmTPETI^ONlM3ERAmiei^^6<3E3'HEGQNSffi TH^^^CT i | SBi^Hon'TOteSKiTSaifishI&A^UoNyJ.Ni Ms.Nin^arnaBajpai^dShnS^S.Rajj;mf,AdYoeatesfc)rtKe petitiqner,^ : •: :•, .;...,^'',.,;':1 ,: ::. ,. ^ ;::..'l'.i^i'''!i-'1. -•':.i':^'.''::^'! ShnM.P.S®hatia,DeputyGovernmeMAdvocBl^{fo^ :State/reSpoiKlent;^NQ./;r'to.3..:;;,::,,;;,•'. 1:^.^. :,';^.;f':i^'j.':,('^^'''''';;:;':l SMyiveKSharil^AdSocateloi-the^^ Smt. IndiraTripat&t^SSmt;I7DUziaMirza,.A(lKC atg Ofthecase, present., ^;.'. ,::. •::1-;.; ' . ^ «•;' '• ,:,':il: ', ^' :: • • • iVEssRitu.ShuM^I'etiticmeRfflip^son. '^^ ,],,,, ^SM:Satish:KBmai^ahug:m:;p^soiK'',./f- . ••.' :i; E>a^i«a AD^.^:• ^ CPasseaofr^3 ^%oi!^ugust,i2:Ol6) 'li a': By fhe instant petition^ the petifioner seeks a directioii to'tKe fSsponSeftt No. t tp 3 ta ensure security to ttie petitictner as she apprehsegids^ (ianger to herlife al^liberty.Furth%tHe;resp<mdentN^ restramed from usmg'force m contraryMfaerwHl;m3:wishes., •' :'.1,.'^ The^etiti0ner,is|gres^;m^fhe:®o^^She:^sfates;lthat.sBe,Ils^^ j' i ^on-altauung'ti6;|agei,:<;)K20!^a^'aiid'8iniC)nffis,^ shewaMts^and.witB^wlK)m^evier,;sUe^wants.^ ;.' :-::;i.::S|'. :,J'!-',:]:'.^ ^'^'•ii'^ :SllIi •Bfaatia,'"learne<i:.|)eglil^^©KQpitj^',.<4^oe^ :State/resRondent^No.'l|lt|a|^lsHl:fm^ ^^^:JsMM (:^s>a& i^M^^%ey^^ .!.s-Sliil geStioner liad^stafed 'tUat'sUeihad inanied:with;one;Aslnjshi;SS|gii,;^tt ||^ year 2008 at^ A^ama} Mandufe^Senffi,Bites@ur^^^a^ 1BR • .-^ .>-;-ft^. beating and forcing her to live with them, the police made an investigation. Her statement was recorded 25.7.2010 before the City Magistrate, Bilaspur (Annexure R/4-3) stating therein, inter alia, that she had entered into matrimonial relationship on 26 October, 2008 with one Ashish Singh s/o V.K.Singh, resident ofRaigarh, in presence of Shri Akash Mishra, Satish Sahu, Manoj Singh and some of her friends and she wants to go with her husband, Ashish Singh. She farther stated that the respondent No. 4 and 5 are not pennitting her to go to her matrimonial home at Raigarh and to live with Ashish Singh. She further stated that since Ashish Singh could not come to the police station, she should be permitted to go with Satish Kumar Sahu. Accordingly, she was permitted to go with Satish Kumar Sahu. On further enquiry, the police found that in the afGdavit swom by the petitioner, she has stated that she had eontracted marriage with Satish Kumar Sahu s/o Kartik Ram Sahu, resident of Jacob Chall, Agrasen Chowk, Bilaspur. An afBdavit was also swom by Satish Kumar Sahu before the Notary, Civil District Bilaspur, Chhattisgarh, stating that he was unmarried and he knew the petitioner very well and he wanted to get married with her in Arya Samaj, Bilaspur. Thereafter, an application was filed by the petitioner and Satish Kumar Sahu to Arya Samaj, Gondpara, Bilaspur, for issue dfa certificate. Be that as it may, without going into the details, it appears that the petitioner has misled the police officials in the investigation and on account of mis-statement and false statement that she was married to Ashish Singh, she was permitted to go with Satish Kumar Sahu. Subsequently, it was found in the investigation that her statement was 1 "MNsaa'.'.iuiNBwmin' completely false, just to mislead the police. The father ofthe petitioner i.e. respondent No. 4 is present and he submits by affidavit filed on behalf of respondent No. 4 and 5, stating therein that fhey are neither harassing the petitioner nor ill-treating her. There is no question of beating or assaulting the petitioner. 6. Having examined all the documents produced before this Court, it appears that the petitioner is not truthful in making the statement. She keeps on changing her statement time to time, according to her convenience. The petitioner has prayed for protection to her life, but looking into the conduct of the petitioner whereby the petitioner has made contradictory statements on several occasions, it appears that there is no threat to the life and liberty ofthe petitioner. 7. However, if a complaint is made to the police by the petitioner, the police may examine in detail and ifthe police authorities are ofthe view that there is actual threat to her life, necessary protection may be provided. 8. Further, on the request of Shri Bhatia, leamed Deputy Govemment Advocate, the police authorities are at liberty to take appropriate steps, ifso advised, in accordance with law. 9. With the aforesaid observation and direction, the writ petition is dismissed. No order asto costs. 10. Certified copy, today. Amit Sd/- Satish K. Agnihotri Judge 1