Rajasthan High Court - Jodhpur
Mali vs State Of Rajasthan (2023:Rj-Jd:42504) on 6 December, 2023
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
[2023:RJ-JD:42504]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 2033/2023
1. Mali D/o Shri Prem Das, Aged About 20 Years, R/o
Mundad, Bikaner, Rajasthan, At Present R/o Sadu Chhoti ,
Churu.
2. Ashok Das S/o Ganesh Das, Aged About 20 Years, R/o
Sadu Chhotu, Churu, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Chief Secretary, Ministry Of
Home Affairs, Jaipur (Rajasthan)
2. The Superintednet Of Police, Bikaner.
3. The Station House Officer Of Police Station Jasrasar, Dist.
Bikaner.
4. Anu Devi W/o Prem Das, R/o Mundad, Tehsil Nokha, Dist.
Bikaner.
5. Magdas S/o Prem Das, R/o Mundad, Tehsil Nokha, Dist.
Bikaner.
6. Moti Lal S/o Jiva Ram, R/o Village Napasar, Dist. Bikaner.
7. Munni W/o Moti Lal, D/o Prem Das, R/o Village Napasar,
Dist. Bikaner.
----Respondents
For Petitioner(s) : Mr. Dinesh Kumar
For Respondent(s) : Mr. Gaurav Singh, P.P.
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 06/12/2023
1. The petitioners have preferred the instant writ petition for protection of their life and personal liberty.
2. Heard learned counsel for both the sides and perused the material available on record.
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3. Learned counsel for the petitioners submits that both the petitioners are major and they are living in a live-in-relationship and in this regard, they have executed an agreement on 28.11.2023, but the private respondents and others are not happy with their relationship and they are threatening the petitioners. Private respondents have no right to harass the petitioners and to take the law in their hands. Given that their life and liberty is in danger, police protection may be granted to them. Reliance has been placed upon the judgment passed by a Coordinate Bench of this Court in the case of Leela v. State of Rajasthan (S.B. Criminal Misc. Petition No. 5045/2021 decided on 15.09.2021) wherein it was held that the right to claim protection under Article 21 of the Constitution of India is imperative and it cannot be waived off based on moral/legal validity of live-in relationship.
4. Learned Public Prosecutor submits that appropriate directions may be issued.
5. In view of the order intended to be passed in the petition, being non-prejudicial to the private respondents, no notices are required against them.
6. Heard. Considered.
7. It is well settled legal position as expounded by the Hon'ble Supreme Court of India in Lata Singh Vs. State of UP [AIR 2006 SC 2522], S. Khushboo Vs. Kanniammal [(2010) 5 SCC 600], Indra Sarma Vs. VKV Sarma [(2013) 15 SCC 755] and Shafin Jahan vs. Asokan KM & Ors. [(2018) 16 SCC 368] that the society cannot determine how individuals live their lives, especially when they are major, irrespective of the fact that (Downloaded on 07/12/2023 at 08:45:00 PM) [2023:RJ-JD:42504] (3 of 3) [CRLW-2033/2023] the relation between two major individuals may be termed as immoral and unsocial. Thus, life and personal liberty of the individuals has to be protected except according to procedure established by law, as mandated by Article 21 of the Constitution of India. Further, as per Section 29 of Rajasthan Police Act, 2007 every police officer is duty bound to protect the life and liberty of the citizens.
8. Therefore, in light of above legal position and after hearing learned counsel for the parties as well as perusing the record of the case, since the petitioners apprehend threat to their right of life and liberty, this Court is of the considered view that the petitioners have every right to seek the protection of their life, limb and liberty; and therefore, persuaded to dispose of the present petition with the direction to the petitioners to appear before the concerned Superintendent of Police along with appropriate representation regarding their grievance. The concerned Superintendent of Police shall in turn hear the grievance of the petitioners, and after analyzing the threat perceptions, if necessitated, may pass necessary orders to provide adequate security and protection to the petitioners.
9. It is made clear that any observation in this order shall not affect any criminal and civil proceedings initiated against the petitioners.
10. Accordingly, the writ petition as well as the stay petition stand disposed of.
(PRAVEER BHATNAGAR),J 638-Taruna/-
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