Smt. Gudi Wife Of Shri Mahesh Kumar ... vs State Of Rajasthan ...

Citation : 2023 Latest Caselaw 6144 Raj/2
Judgement Date : 18 October, 2023

Rajasthan High Court
Smt. Gudi Wife Of Shri Mahesh Kumar ... vs State Of Rajasthan ... on 18 October, 2023
Bench: Uma Shanker Vyas
[2023:RJ-JP:30441]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

       S.B. Criminal Writ Petition No. 2344/2023

1.     Smt. Gudi Wife Of Shri Mahesh Kumar D/o
       Shri Ummedaram, Aged About 19 Years, R/o
       Dudi Nagar @ Bhakti Nagar, Gorchiya Ka
       Bera, Aau, District Jodhpur At Present R/o A-
       94, F-1, Sunrise Enclave, Sriniwas Nagar,
       Murlipura, Jaipur.
2.     Mahesh Kumar Son Of Maniram, Aged About
       34 Years, R/o 7/44, Vidhyadhar Nagar, Jaipur
       At    Present       A-94,       F-1,      Sunrise       Enclave,
       Sriniwas Nagar, Murlipura, Jaipur.
                                                         ----Petitioners
                                Versus
1.     State Of Rajasthan, Through Secretary, Home
       Department, Govt. Of Rajasthan, Secretariat,
       Jaipur.
2.     Dy. Commissioner Of Police, Jaipur City West.
3.     S.h.o., Police Station Murlipura, Jaipur City
       West.
4.     Ummedaram Son Of Shri Jetharam ( Father Of
       Petitioner No. 1), R/o Dudi Nagar @ Bhakti
       Nagar,        Gordhhiyon        Ka     Bera,       Near   Bhado
       School, Tehsil Aau, District Jodhpur.
5.     Dharma Son Of Shri Jetharam ( Uncle Of
       Petitioner No. 1), R/o Dudi Nagar @ Bhakti
       Nagar,        Gordhhiyon        Ka     Bera,       Near   Bhado
       School, Tehsil Aau, District Jodhpur.
6.     Madan Lal Son Of Shri Jetharam ( Uncle Of
       Petitioner No. 1), R/o Dudi Nagar @ Bhakti
       Nagar,        Gordhhiyon        Ka     Bera,       Near   Bhado
       School, Tehsil Aau, District Jodhpur.
7.     Badriram Son Of Shri Jetharam ( Uncle Of
       Petitioner No. 1), R/o Dudi Nagar @ Bhakti
       Nagar,        Gordhhiyon        Ka     Bera,       Near   Bhado


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       School, Tehsil Aau, District Jodhpur.
8.     Sheraram Son Of Shri Jetharam ( Uncle Of
       Petitioenr No. 1), R/o Dudi Nagar @ Bhakti
       Nagar,        Gordhhiyon        Ka     Bera,       Near   Bhado
       School, Tehsil Aau, District Jodhpur.
9.     Lumbaram Son Of Shri Jetharam ( Uncle Of
       Petitioner No. 1), R/o Dudi Nagar @ Bhakti
       Nagar,        Gordhhiyon        Ka     Bera,       Near   Bhado
       School, Tehsil Aau, District Jodhpur.
10.    Pukhraj        Son     Of     Bhairaram           (   Uncle   Of
       Petitioner No. 1), R/o Dudi Nagar @ Bhakti
       Nagar,        Gordhhiyon        Ka     Bera,       Near   Bhado
       School, Tehsil Aau, District Jodhpur.
11.    Subhash Son Of Ummedaram ( Brother Of
       Petitioner No. 1), R/o Dudi Nagar @ Bhakti
       Nagar,        Gordhhiyon        Ka     Bera,       Near   Bhado
       School, Tehsil Aau, District Jodhpur.
12.    Bheemaram Son Of Ummedaram ( Brother Of
       Petitioner No. 1), R/o Dudi Nagar @ Bhakti
       Nagar,        Gordhhiyon        Ka     Bera,       Near   Bhado
       School, Tehsil Aau, District Jodhpur.
13.    Govind Ram Son Of Ummedaram ( Brother Of
       Petitioner No. 1), R/o Dudi Nagar @ Bhakti
       Nagar,        Gordhhiyon        Ka     Bera,       Near   Bhado
       School, Tehsil Aau, District Jodhpur.
14.    Lalaram Son Of Ummedaram ( Brother Of
       Petitioner No. 1), R/o Dudi Nagar @ Bhakti
       Nagar,        Gordhhiyon        Ka     Bera,       Near   Bhado
       School, Tehsil Aau, District Jodhpur.
                                                   ----Respondents

For Petitioner(s) : Mr. Sanjay Sharma, Adv.

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




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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 perception about their life and liberty from their relatives, they may move appropriate representation (Downloaded on 11/11/2023 at 08:54:25 PM) [2023:RJ-JP:30441] (4 of 4) [CRLW-2344/2023] before the S.H.O., Police Station Murlipura, Jaipur City West indicating their concern with the name(s) of probable assailants.

If any such representation is moved by the petitioners, the S.H.O., Police Station Murlipura, Jaipur City West 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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