Disposed

Shamima Bano v. State of Chhattisgarh and Ors.

Chhattisgarh HC17 Oct 2013WPCR/4485/2010

Case brief

AI extract

What is this about?

Petitioner approached High Court under writ petition seeking direction to State to take action against accused alleged to have kidnapped her and for police protection. Respondents alleged marriage between parties. Court disposed of petition granting liberty to file subsequent complaints.

What did the court decide?

Petition disposed with liberty to file appropriate application before Respondents 4 and 5 for police protection and legal action.

Shamima Bano Vs State of Chhattisgarh… — Pension and Retirement Benefits | Chhattisgarh HC (2013)

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INTHE^{HIGHCOURTOFJUDICATUREOFCHHTISGARHAT}

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BILASPUR

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S kw WRIT^PETITION#9} NO. /2010

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DFTTTIO N E R

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Kumari Shamima Bano, aged 22 daughter of Jahur Hussain, years, resident^{ofKusmiTahsiland} Police Station Kusmi: District Sarguja (Chhattisgarh).

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'VERsus

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RESPCNDENTS

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through

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State of Chhatisgarh Secretary Ministry of Home Bhawan^Raipur

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Department^D.K.S.

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/ 2. Director General of Police^Raipur, Chhattisgarh. Inspector^{GeneralofPoliceSarguja} ‘

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Ambikapur^C.G.

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of Police^Sarguja

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Superintendent Ambikapur,^{DistrictSarguja,(C.G.)}

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S tav.ti “p nmmrv...cc., Dniice.u. statien District Sarguja

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Ambikapur Chhattisgarh.

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/’6. Dhiraj Jaiswal, son of Sachidanand resident of

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/ aged 24 years,

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fi Mahalpara Baikunthpur, Police Station and Tahsil Baikunthpur District^Korea, (C.G.)

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WRIT^{PETITIONUNDERARTICLE22§OFTHECONSTITUTONOF} INDIA

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1 PARTICULARS^{OFTHEPETITIONER} As stated^{aboveinthetitledause.}

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. PARTICULARs^{OFTH‘ERESPONDENTs} R5lie SEdKSU_.L,.....I‘,.I.-..-dUUVE Ill:, {HeLLtitleL-u(JdUSe.._

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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SB: Hon'ble Shri Justice Pritinker Diwaker

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W.P. (Cr! No. 4485/2010

PETITIONER

Kumari Shamima Bano

VERSUS

RESPONDENTS

State of Chhattisgarh and others

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Shri J.S. Baraik counsel for the petitioner. Shri Arun Sao Dy. AG for respondents 1 to 5/State. Shri Vikash Pandey counsel for respondent No.6.

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ORDER

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(17.10.2013)

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According to the case of the petitioner, on 2.12.2009 she was kidnapped by respondent No.6 and kept in his custody for about 2-3 months. It is further her case that during the custody of respondent No.6, her signatures were obtained by him on number of documents and after being set free from his clutches, she tried to lodge the report but no case was registered against him. Therefore, the petitioner has prayed for: a direction to respondents 1 to 5 to take legal action against respondent No.6. Alternatively, it has been prayed by the petitioner^that she be given^some police'protection to carry on her legal battle against respondent No.6.

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According to the case of respondents, on 1.12.2009‘the , petitioner^married respondent No.6 and they lived together for about four months. Their further case is that on 3.12.2009 a .. missing report was lodged by the sister of the petitioner namely Basima Bano. However on; 7.12.2009 the petitioner presented

herself before the police authorities and informed them about her marriage with respondent No.6.

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Statement of the petitioner was recorded before the Police as also the Sub, Divisional Magistrate in which she admitted the factum of her marriage. According to the further case of the respondents, as the petitioner^could not live a happy life with respondent No.6, she left him on 5.3.2010 and all these proceedings^{havebeenrecorded} by the State authorities.

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State counsel submits that present is a case of dispute between a Hindu husband and Muslim wife and the petitioner is trying to take the advantage of this saying that the police authorities have not registered any case against respondent No.6. Counsel for the respondents further submit that in fact no offence regarding kidnapping or rape has been committed by respondent No.6 and for this reason only no offence has been registered against him.

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At this stage, counsel for the petitioner^submits that the petitioner^maybe permitted to file a complaint case before the competent authority having jurisdiction to take cognizance in the matter. He also submits that as the respondent No.6 is an influential person, some police protection may be given to the petitioner^to go^{onwiththelegal} proceedings^againsthim. 6. Counsel for respondent No.6 however submits that the respondent No.6 has never threatened the petitioner and it is she who is un-necessarily harassing him. State counsel submits that no order for police protection is required to be passed at this stage and in case the petitioner^{comesacrossany} problem^from respondent No.6 in future, she is at liberty to approach the Superinteqdent of Police, Ambikapur by filing appropriate application and if some truth is found therein, she would be

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provided police protection.

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In view of the aforesaid submissions of the respective parties,^the petition^{isdisposedofwith} liberty to the petitioner to file appropriate application before respondents No. 4 and 5 detailing her grievance and in the event of any such application being filed, the same^{wouldbeconsideredanddecidedbythem} in an effective manner. Respondents No. 4 and 5 may also consider the request^ofthe petitioner^toensure police protection to her if such a^{requestismadefromhersideinfuture.}

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" aw q: i i ./ ‘Sdz{Pritinketi^Biwaker y rJu'dge i

Shamima Bano v. State of Chhattisgarh and Ors.

Case brief

What is this about?

What did the court decide?

Shamima Bano v. State of Chhattisgarh and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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