Judgment:
1 W.P.No.16853/2013 07.10.2013 Shri Anurag Sahu, learned counsel for the petitioneRs.Shri Rahul Jain, learned Dy.
Advocate General, for respondents-State, on advance copy.
Heard on the question of admission.
The complaint made by the petitioners is that no action is being taken by the respondents-authorities against respondents No.5 to 9.
By way of this petition, the petitioner have sought direction to command the respondents No.1 to 4 to provide proper protection to their life and liberty can be secured and to direct the respondents No.1 to 4 to take no coercive action against petitioner No.1 and his innocent family membeRs.It is contended by learned counsel for the petitioners that the petitioners No.1 and 2 are adult and according to their freewill, they have performed the marriage.
However, their marriage is not being accepted or recognised by respondents No.5 to 9 and they are threatening the petitioners and are harassing the petitioner No.1.
The complaints in this respect have been made to the police, but no action is taken, therefore, they are required to approach this Court by way of filing this writ petition.
Marriage is definitely wish of a man and a woman to continue with their conjugal relationship provided they have attained the said status as per the law.
The writ jurisdiction is not made to resolve such type of dispute 2 W.P.No.16853/2013 between the two parties.
The writ Court in the garb of violation of Article 21 of the Constitution of India is not suppose to protect any such relationship unless the same is established by law.
If any grievance is there with respect to acceptance of the marriage of the petitioneRs.they will have to approach the appropriate forum in accordance to law.
If there is any criminal complaint lodged under the law by any person against the petitioneRs.they have the couRs.open to approach the appropriate forum under the Code of criminal Procedure for grant of protection of grant of bail.
For such a claim, it would not be justified to stretc.the limit of Article 226 of the Constitution of India in the garb of invoking the provisions of Article 21 of the Constitution of India to that extent.
However, if there is a real threat given to the life of the petitioneRs.they are free to approach the appropriate Court and the authorities seeking protection.
If such an application is made, proper protection be granted to the petitioneRs.In any case, if any criminal case is registered against the petitioneRs.the same has to be decided in accordance to the investigation done.
In case the complaint is made by the petitioners before the police authorities and the same is not looked into, the petitioners are free to approach the Courts of law by filing a complaint under Section 200 of the Code of Criminal Procedure before the Judicial Magistrate FiRs.Class.
However, as has been observed by the Apex Court in the case of Divine Retreat Centre versus State of Kerala and otheRs.(2008) 3 SCC542 this Court is not required to become a Station House and to investigate or direct reinvestigation 3 W.P.No.16853/2013 of any such complaint.
Such a power is not to be exercised without there being any prima facie evidence available on record.
In view of the aforesaid, without entertaining the writ petition on merits, the same is disposed of with the aforesaid liberties and directions.
(K.K.Trivedi) Judge.
A.Praj.