Shabanam Banu W/O Late Irfan vs State Of Rajasthan ...

Citation : 2023 Latest Caselaw 6145 Raj/2
Judgement Date : 18 October, 2023

Rajasthan High Court
Shabanam Banu W/O Late Irfan vs State Of Rajasthan ... on 18 October, 2023
Bench: Uma Shanker Vyas
[2023:RJ-JP:30440]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

       S.B. Criminal Writ Petition No. 2343/2023

1.     Shabanam Banu W/o Late Irfan, Aged About
       32 Years, R/o Khidaki Ke Balaji Ke Pass,
       Todaraisingh, Tonk (Raj). Presently Residing
       At Khidaki Ke Balaji Ke Pass, Todaraisingh,
       Tonk (Raj).
2.     Tipu Sultan S/o Allauddin, Aged About 31
       Years, R/o Ward No. 18, Gucchi Mohalla,
       Todaraisingh,          Tonk,       Rajasthan.          Presently
       Residing       At    Khidaki        Ke     Balaji     Ke     Pass,
       Todaraisingh, Tonk (Raj).
                                                         ----Petitioners
                                Versus
1.     State Of Rajasthan, Through The Principal
       Secretary, Department Of Home, Government
       Secretariat, Jaipur (Raj).
2.     Inspector General Of Police, Range Ajmer .
3.     The Superintendent Of Police, District Kekri.
4.     Station        House         Officer,        Police        Station
       Todaraisingh, District Kekri.
5.     Abul Hakim S/o Bhura Shah, Aged About 75
       Years,        R/o    Guchi       Mohalla,         Todaraisingh,
       District Kekri.
6.     Phula W/o Abdul Hakim, Aged About 72 Years,
       R/o     Guchi       Mohalla,       Todaraisingh,           District
       Kekri.
7.     Nawab Fakir S/o Abdul Hakim, Aged About 47
       Years,        R/o    Guchi       Mohalla,         Todaraisingh,
       District Kekri.
8.     Israt W/o Nawab Fakir, Aged About 45 Years,
       R/o     Guchi       Mohalla,       Todaraisingh,           District
       Kekri.
9.     Hanif S/o Abdul Hakim, Aged About 43 Years,



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 [2023:RJ-JP:30440]              (2 of 4)                 [CRLW-2343/2023]


       R/o     Guchi       Mohalla,        Todaraisingh,        District
       Kekri.
10.    Rizwana W/o Hanif, Aged About 38 Years, R/o
       Guchi Mohalla, Todaraisingh, District Kekri.
11.    Naved Khan @ Laddu S/o Nawab Fakir, Aged
       About         20     Years,         R/o     Guchi       Mohalla,
       Todaraisingh, District Kekri.
                                                    ----Respondents

For Petitioner(s) : Mr. Hakam Ali, Adv.

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 to their life and liberty at the hands of private respondent(s).

Learned counsel for the petitioners submits that the petitioners are above 18 years of age and are in a live-in-relationship. But such relationship is not acceptable to their family members/society and they have threatened them of dire consequences. (Downloaded on 11/11/2023 at 08:54:25 PM) [2023:RJ-JP:30440] (3 of 4) [CRLW-2343/2023] 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 before the Superintendent of Police, District Kekri indicating their concern with the name(s) of probable assailants.

If any such representation is moved by the petitioners, the Superintendent of Police, District Kekri 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' live-in relationship 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.

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[2023:RJ-JP:30440] (4 of 4) [CRLW-2343/2023] With these observations, this criminal writ petition is disposed of.

The stay application also stands disposed of accordingly.

(UMA SHANKER VYAS),J DANISH USMANI /611 (Downloaded on 11/11/2023 at 08:54:25 PM) Powered by TCPDF (www.tcpdf.org)