DILIP JENTIBHAI SHUKAL vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/13726/2026 JUDGMENT DATED: 06/11/2026
(GJHC240709832026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION - POLICE
PROTECTION) NO. 13726 of 2026
FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
================================================================
Approved for Reporting Yes No
===============================================================
DILIP JENTIBHAI SHUKAL & ANR.
Versus
STATE OF GUJARAT & ORS.
===============================================================
Appearance:
MR DIPESH D SONI(9996) for the Applicant(s) No. 1,2
MS NANDITA A SUROLLIA(12060) for the Applicant(s) No. 1
MS. JYOTI BHATT, APP, for the Respondent(s) No. 1
===============================================================
CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 06/11/2026
JUDGMENT
1. Issue Rule returnable forthwith . Learned APP accepts and
waives service of rule rule on behalf of respondent Nos.1 to 6.
2. The present petition is preferred under Articles 14, 15, 19,
21, 226 and 227 of the Constitution of India for seeking the
following reliefs, as set out in para 24 hereinbelow:-
“A Issue a writ of mandamus or any other appropriate writ, order
or direction of like nature, directing the Respondent Nos. 2 to 6
to forthwith provide adequate, effective and continuing police
protection to the Petitioners in respect of their life, liberty and
property, at their place of residence at Mangrol, Ta. Mangrol,
Dist. Junagadh, as also at the place of employment of the
Petitioner No. 1 at Balasar, Ta. Rapar, Dist. Kutch, and to ensure
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R/SCR.A/13726/2026 JUDGMENT DATED: 06/11/2026
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that the Petitioners are permitted to reside together peacefully
as husband and wife without any interference, threat, pressure
or harassment whatsoever;
B. Issue a writ, order or direction directing the Respondent Nos. 3
and 5 to provide adequate police escort and protection to the
Petitioners for the purpose of their attendance before the
learned Judicial Magistrate, First Class, Rapar, Dist. Kutch in
Criminal Misc. Application No. 214 of2026 upon any further
dates as may be fixed therein:
C. Issue a writ, order or direction directing the Respondent Nos. 5
and 6 to ensure that the Respondent Nos. 7 and 8, their family
members, and all persons acting at their behest, including the
members of their community, do not in any manner threaten,
harass, obstruct, interfere with, or cause any bodily or other
harm to the Petitioners, or to the family members and relatives
of the Petitioner No. 1, and to take stringent action in
accordance with law in the event of any such attempt;
D. Pending admission, hearing and final disposal of the present
petition, this Hon'ble Court may be pleased to direct the
Respondent Nos. 2 to 6 to grant immediate police protection to
the Petitioners in terms of prayer paragraphs (A), (B) and (C)
hereinabove;
E. Be pleased to grant such other and further reliefs as the
nature and circumstances of the case may require and as this
Hon'ble Court may deem just, fit and proper in the interest of
justice.”
3. Mr. Dipesh Soni, learned advocate for the petitioners,
submitted that both the petitioners are major and got married on
14.08.2026 against the wishes of their respective family
members. Therefore, they apprehend threat to their lives from
respondent Nos7 and 8. It is submitted that the petitioner No.2
had addressed and dispatched written representation on
21.08.2026 to the Home Department, Government of Gujarat,
Gandhinagar and to the Superintendent of Police, Kutch seeking
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police protection. Pursuant to which, the petitioners were called
to Mangrol Policed Station on 27.08.2026 and statement of
respondent No.2 was recorded. However, despite making a
representation dated 21.08.2026, no steps have been taken to
provide police protection to the petitioners.
4. Learned advocate for the petitioners has also drawn
attention of this Court to their marriage certificate and Adhar
Card of petitioner No.2 to establish that both of them are major.
5. Learned advocate for the petitioner has relied upon the
judgment of Hon’ble Apex Court rendered in the case of Lata
Singh Vs. State of U.P. & Anr., reported in 2007 (1) G.L.H. 41 and
Shakti Vahini Vs. Union of India, reported in (2018) 7 SCC 192.
He, therefore, submitted that the captioned petition deserves to
be allowed.
6. Per contra, learned APP appearing for respondent Nos.1 to
6 submitted that considering the facts and circumstances of the
case, appropriate order may be passed.
7. Having considered the submissions advanced by learned
advocates for the parties and having gone through the record of
the case, it emerges that both the petitioners are major and got
married on 14.08.2026. It emerges from the record that the
petitioners have made representation on 21.08.2026 to the
Home Department, Government of Gujarat, Gandhinagar and to
the Superintendent of Police, Kutch seeking police protection.
The petitioners have also made detailed complaint dated
27.08.2026 to the Chairperson, Gujarat State Human Rights
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Commission, Gandhinagar praying for direction to cease the
illegal pressure being exerted by the police and hence, to provide
police protection from respondent Nos.7 and 8 through an
impartial agency other than Mangrol Police Station.
9. Having gone through the contents of the petition and
considering the law laid down by the Hon’ble Apex Court in case
of Lata Singh (supra) and Shakti Vahini (supra) , concerned
Police Station is directed to provide the police protection to the
petitioners in accordance with law.
10. In view of the above direction, the captioned petition
stands disposed of . Rule is made absolute to the aforesaid
extent.
(MOOL CHAND TYAGI, J)
SIDDHARTH
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