DILIP SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) The present petition under Article 226/227 of the Constitution has been preferred by the petitioners seeking following reliefs:

(2.) Petitioners are the real brothers and are permanent residents of district Gwalior. Petitioner No.2 is Managing Director, Heeralal Estate and Constructions Private Limited Company. They have preferred this petition with the allegations that they were allegedly threatened by some miscreants for extortion in year 2005. They lodged complaint to the Superintendent Police of Gwalior in this regard in April 2005 (vide Annexure P/1) to provide police security (on their expenses) for protection of their lives and property. Superintendent of Police, Gwalior vide order dtd. 25/4/2005 provided them security for three months because they deposited expenses only for three months. It appears that some miscreants attacked petitioners and son of petitioner No.1, wherein son of petitioner No.2 Ram @ Rohit was killed whereas petitioner No.1 survived because of gunman provided to him by the Superintendent of Police, Gwalior for his security. Petitioner No.2 was eye-witness of the said incident.

(3.) Those miscreants namely Hari Sharma, Ram Kumar Sharma Ashok Sharma, Sunil Sharma, Rajendra Sharma, Gopal Sharma, Smt. Meena Khemariya, Rajesh Barua, Rajesh Sharma and Prasanna Sharma were prosecuted and tried for the offences under Ss. 148, 307 readwith Sec. 149, 302 of the IPC and Sec. 125(1- B) of the Indian Arms Act by the Court of Special Judge (Atrocities) Gwalior. They (except two accused) were found guilty for various offences and were convicted and sentenced to life imprisonment vide judgment dtd. 14/2/2007. Meanwhile,petitioners prayed before the Police Authorities for providing police protection on their own expenses time and again. They made representation to different authorities.