Priyanka Bakoliya Wife Of Banti ... vs State Of Rajasthan ...

Citation : 2023 Latest Caselaw 4501 Raj/2
Judgement Date : 2 September, 2023

Rajasthan High Court
Priyanka Bakoliya Wife Of Banti ... vs State Of Rajasthan ... on 2 September, 2023
Bench: Uma Shanker Vyas
[2023:RJ-JP:20606]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

       S.B. Criminal Writ Petition No. 1987/2023

1.     Priyanka Bakoliya Wife Of Banti Widawat D/o
       Gopi Chand Bakoliya, Aged About 23 Years,
       Resident Of B-285, Vijay Nagar-A, Agra Road,
       Jaipur At Present Plot No. 35, Bhawanna
       Nagar, Agra Road, Jaipur.
2.     Banti Widawat Son Of Shri Om Prakash
       Widawat, Aged About 21 Years, Resident Of
       Village Kareda Khurda, Tehsil Niwai District
       Tonk At Present Plot No. 35, Bhawanna Nagar,
       Agra Road, Jaipur.
                                                         ----Petitioners
                                Versus
1.     State      Of     Rajasthan,         Through          Secretary,
       Ministry Of Home, Secretariat, Jaipur.
2.     Assitannce        Commissioner            Of      Police,   Bassi
       District Jaipur.
3.     The Station House Officer, Police Station
       Kanota, Jaipur.
4.     Gopi Chand Bakoliya Son Of Shri Suwa Lal,
       Resident Of B-285, Vijay Nagar-A, Agra Road,
       Jaipur .
5.     Suman Devi Wife Of Gopi Chand Bakoliya,
       Resident Of B-285, Vijay Nagar-A, Agra Road,
       Jaipur .
                                                   ----Respondents

For Petitioner(s) : Mr. Hari Mohan Sharma, Adv., for Mr. Damodar Prasad Pujari, Adv.

For : Mr. Yashwant Kankhediya, P.P. Respondent(s) HON'BLE MR. JUSTICE UMA SHANKER VYAS (Downloaded on 11/11/2023 at 07:44:56 PM) [2023:RJ-JP:20606] (2 of 3) [CRLW-1987/2023] Judgment / Order 02/09/2023 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 before the Station House Officer, Police Station (Downloaded on 11/11/2023 at 07:44:56 PM) [2023:RJ-JP:20606] (3 of 3) [CRLW-1987/2023] Kanota, Jaipur indicating their concern with the name(s) of probable assailants.

If any such representation is moved by the petitioners, the Station House Officer, Police Station Kanota, Jaipur 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.

(UMA SHANKER VYAS),J DANISH USMANI /564 (Downloaded on 11/11/2023 at 07:44:56 PM) Powered by TCPDF (www.tcpdf.org)