Kalpana Devi vs State Of Rajasthan

Citation : 2022 Latest Caselaw 779 Raj
Judgement Date : 14 January, 2022

Rajasthan High Court - Jodhpur
Kalpana Devi vs State Of Rajasthan on 14 January, 2022
Bench: Vijay Bishnoi

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 126/2022

1. Kalpana Devi D/o Puran Chand, Aged About 31 Years, W/o Prithi Singh, B/c Choudhary, R/o Village Dreak Lahar, Tehsil Dehra, Bedoli, Kathog Dera Gopipur, Distt. Kangra (Himachal Pradesh) At Present Reside At Bhooni, Nagaur, District Nagaur (Raj.).

2. Nema Ram S/o Hanuman Ram, Aged About 22 Years, B/c Jat, R/o Bhooni, Nagaur, District Nagaur (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through Chief Secretary, Ministry Of Home Affairs, Jaipur Rajasthan.

2. The Superintendent Of Police, Nagaur (Raj.).

3. Station House Officer, P.s. Marot, Dist. Nagaur (Raj.).

4. Prithi Singh S/o Shri Chint Ram, B/c Choudhary, R/o Village Dreak Lahar, Tehsil Dehra, Bedoli, Kathog Dera Gopipur, Dist. Kangra (Himachal Pradesh)

----Respondents For Petitioner(s) : Mr. Akash Goyal (through VC) For Respondent(s) : Mr. Mahipal Bishnoi, PP HON'BLE MR. JUSTICE VIJAY BISHNOI Judgment / Order 14/01/2022 This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners with the following prayers :-

"It is, therefore, most humbly and respectfully prayed that this criminal misc. petition may kindly be allowed and;
(i) the respondents-authorities be directed to provide Police protection to the petitioners.
(ii) the respondent no.4 to 7 also be bound to they will be not interfere the peaceful life of the petitioners.
(iii) Such other and further order/orders as this Hon'ble Court may deems fit and proper in the facts (Downloaded on 14/01/2022 at 08:55:40 PM) (2 of 2) [CRLMP-126/2022] and circumstances of the present case and in the interest of justice."
Learned counsel for the petitioners has submitted that the petitioners are major and they are living in live-in-relationship as per their own free will, but their family members are annoyed with their relationship and threatened them with dire consequences, therefore, adequate police protection be provided to them.
After considering the arguments advanced by learned counsel for the petitioners and taking into consideration the facts and circumstances of the case, this Court is of the opinion that if the petitioners are having any apprehension regarding their life and liberty from their relatives, they may move appropriate representation before the Superintendent of Police, Nagaur narrating their grievances.
It is expected that if any such representation is moved on behalf of the petitioners, the Superintendent of Police, Nagaur shall consider the same and after analysing the threat perceptions may pass necessary orders, if so required.
It is made clear that this order is not a proof of age and relationship of the petitioners and any observation in this order shall not affect any criminal and civil proceedings initiated against the petitioners at the instances of their relatives.
With these observations, this criminal misc. petition is disposed of.
Stay petition also stands disposed of.
(VIJAY BISHNOI),J 85-Arun/-
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