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2002 DIGILAW 403 (JK)

Ab. Rahim v. State

2002-12-26

B.L.BHAT

body2002
1. Considered. Admit. 2. The points involved in this writ petition are so simple that this can be decided without issuing notice to the private respondents. With the consent of the learned counsel for the parties, the case is taken up for final disposal. 3. Through the medium of this writ petition under Article 226 of the constitution read with section 103 of the Constitution of the J&K State, the petitioner has sought indulgence of this court for issuance of direction to the respondents 4 and 5 to provide appropriate protection to the petitioners. 4. Precisely speaking the case of the petitioners is that the petitioners are the residents of the J&K State and are related as father and daughter. That the petitioner-2, who is a student is yet unmarried but stands engaged with one Mushtaq S/o Ghulam Ahmad Bhat R/o Gool Jaba. That respondent-6, who is a surrendered militant has offered his proposal to petitioner-1 forgiving his daughter Jamila Bano, petitioner-2 is marriage to him when she stand already......:..... engaged with the said Mushtaq Ahmed. That respondent-6, who is surrendered militant, has very good terms with respondent-4, SHO, Police Station, Gool as a result of which the petitioners request for help from the said respondent has all along been futile. That the official respondents are under obligation to perform public duties by giving protection of life and property to the petitioners. 5. The writ petition is supported with an affidavit of the petitioners. 6. Having regard to section 149 Cr. PC which imposes duty on every Police Officer to prevent committing of cognizable offence, with the direction that he must to the best of his ability interpose preventing commission of such offence. The averments made in this petition reveal that the respondent-6, who is a surrendered militant, is bent upon to abduct the peiitioner-2, which is an offence under section 336 RPC, therefore, under section 149 supra, it is the duty of the official respondents to interpose to the best of their ability and prevent the commission of the said offence. Thus, the writ petition is allowed and a command is issued in the name of official respondents to take all necessary measures to prevent forcible marriage of petitioner-2 by respondent-6 and also to provide petitioner the necessary protection of life and their property.