Anjana Gurjar Wife Of Kamlesh ... vs State Of Rajasthan ...

Citation : 2023 Latest Caselaw 6142 Raj/2
Judgement Date : 18 October, 2023

Rajasthan High Court
Anjana Gurjar Wife Of Kamlesh ... vs State Of Rajasthan ... on 18 October, 2023
Bench: Uma Shanker Vyas
[2023:RJ-JP:30442]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

       S.B. Criminal Writ Petition No. 2350/2023

1.     Anjana Gurjar Wife Of Kamlesh Saini D/o Om
       Prakash Gurjar, Aged About 18 Years, R/o
       Kalyanpura Kalan, Tehsil Kotputali, District
       Kotputali Behror (Raj), At Present R/o Ward
       No. 7, Dhani Kheta Ka Wali, Natha Ki Nangal,
       Tehsil And District Neem Ka Thana (Raj.).
2.     Kamlesh Saini Son Of Leela Ram Saini, Aged
       About 23 Years, R/o Ward No. 7, Dhani Kheta
       Ka Wali, Natha Ki Nangal, Tehsil And District
       Neem Ka Thana (Raj.)
                                                         ----Petitioners
                                Versus
1.     State Of Rajasthan, Through P.p.
2.     Superintendent Of Police, District Neem Ka
       Thana.
3.     S.h.o. P.s. Patan, District Neem Ka Thana.
4.     Superintendent Of Police, District Kotputli
       Beharor.
5.     S.h.o. Kotputli, District Kotputli Beharor.
6.     Om Prakash Gurjar Son Of Chhotulal Gurjar,
       R/o Kalyanpura Kalan, Tehsil Kotputali, District
       Kotputali Behror (Raj.)
7.     Suresh        Gurjar     S/o      Rajendra         Kumar,    R/o
       Kalyanpura Kalan, Tehsil Kotputali, District
       Kotputali Behror (Raj.)
8.     Ankit     Tanwar        Son      Of     Anil      Tanwar,    R/o
       Ganeshwar,         Tehsil      And      District     Neem     Ka
       Thana (Raj.)
                                                   ----Respondents
For Petitioner(s) : Mr. Deshraj Kalwania, Adv.




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For                       : Mr. Bhawani Shankar Sharma,
Respondent(s)               P.P.



HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 18/10/2023 The petitioners have preferred the present writ petition under Article 226 of the Constitution of India for issuance of necessary directions to the respondent authorities to provide adequate security and protection to them, as they are facing grave threat of life and liberty at the hands of private respondent(s).

Learned counsel for the petitioners submits that the petitioners are of major age and they solemnized their marriage of their own free will. However, their family members are not agreeable to their marriage and have threatened them of dire consequences.

He prays that adequate police protection be provided to them.

Though no specific instance or imminent threat has been pleaded but considering the submissions made by learned counsel for the petitioners and having regard to the facts and circumstances of the case, this Court is of the opinion that if the petitioners are having any apprehension or threat (Downloaded on 11/11/2023 at 08:54:27 PM) [2023:RJ-JP:30442] (3 of 3) [CRLW-2350/2023] perception about their life and liberty from their relatives, they may move appropriate representation before the Superintendent of Police, District Neem Ka Thana indicating their concern with the name(s) of probable assailants.

If any such representation is moved by the petitioners, the Superintendent of Police, District Neem Ka Thana shall consider the same and after analysing the factual situation pass necessary orders or take action to ward off any untoward incident.

It is hereby clarified that this order may not be construed to be a validation of petitioners' marriage and proof of their age. Any observation made herein shall not affect any criminal or civil proceedings initiated against the petitioners, at the instance of their relatives.

With these observations, this criminal writ petition is disposed of.

The stay application also stands disposed of accordingly.

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