Rajasthan High Court
Meera D/O Late Shri Kalyan vs State Of Rajasthan on 27 August, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 1406/2021
1. Meera D/o Late Shri Kalyan, Aged About 28 Years, R/o
Vill. Mundya Ps Niwai Dist. Tonk Raj. Presently Resided At
Vill. Bhojyawas Post Tiloniya Ps Badarsindari Tehsil And
Dist. Ajmer Raj.
2. Ashok Kumar Choudhary S/o Badrilal Jat, Aged About 29
Years, R/o Vill. Juwad Ps Rawanjana Doongar Dist. Sawai
Madhopur Raj.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary Department
Of Home Govt. Secretariat Jaipur Raj.
2. The Director General Of Police, Raj. Police Jaipur Raj.
3. The Superintendent Of Police, Dist. Sawai Madhopur Raj.
4. The Superintendent Of Police, Dist. Ajmer Raj.
5. S.H.O., Ps Rawanjana Doongar Dist. Sawai Madhopur Raj.
6. S.H.O., Ps Badarsindari Dist. Ajmer Raj.
7. Ramprasad S/o Bindaram, R/o Vill. Bhojyawas Post
Tiloniya Ps Badarsindari Tehsil And Dist. Ajmer Raj.
8. Jamana Devi W/o Bindaram, R/o Vill. Bhojyawas Post
Tiloniya Ps Badarsindari Tehsil And Dist. Ajmer Raj.
9. Ramdhan S/o Binadaram, R/o Vill. Bhojyawas Post
Tiloniya Ps Badarsindari Tehsil And Dist. Ajmer Raj.
----Respondents
For Petitioner(s) : Mr. Ashindra Gautam
For Respondent(s) : Mr. Ganesh Saini, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
27/08/2021
1. This Petition has been filed under Section 482 Cr.P.C. for
protection of life and personal liberty of the petitioners.
(2 of 4) [CRLW-1406/2021]
2. Learned counsel for the petitioners submits that petitioners are
major and documents relating to their date of birth have been
placed on record. Marriage of petitioner No.1 was solemnized with
respondent No.7. After marriage, respondent No.7 and his family
members started committing cruelty with petitioner No.1 and
started to demand dowry. Now, the petitioner No.1 is living with
petitioner No.2 but the private respondents are against their
relationship. Hence, this petition for direction of life and liberty
with following prayers:-
"It is, therefore, most humbly and
respectfully prayed that your Lordships may
graciously be pleased to accept and allow
this criminal writ petition under Article 226 of
the Constitution of India; call for and
examine entire record of the case and
a) Issue an appropriate writ, order or
direction in the nature thereof and thereby
the respondent authorities may kindly be
directed to protect the life and liberty of the
petitioners and they may kindly be directed
to provide adequate protection to the
petitioners.
b) Issue an appropriate writ, order or
direction in the nature thereof and thereby
the respondents may kindly be directed not
to harass, torture and humiliate the
petitioners and not to recover/search of
petitioner No.1.
c) any other writ, order or direction which
this Hon'ble Court deems just and proper in
the facts and circumstances of the case may
also be pass in favour of the petitioners."
3. Learned counsel for the petitioners has relied upon the
judgment of Co-ordinate Bench of this Court dated 28.01.2020
passed in SB Criminal Writ Petition No.852/2019 in the case of
Kumkum Kanwar & Anr. Vs. State of Rajasthan & Ors.
4. Leaving it open for the parties to take up appropriate legal
remedy for dissolution of marriage etc., it is just and proper to
(3 of 4) [CRLW-1406/2021]
pass an order regarding direction of life and liberty of the
petitioners.
5. Learned Public Prosecutor submits that appropriate directions
may be issued.
6. 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.
7. Heard. Considered.
8. 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
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.
9. Therefore, in light of above legal position, and having regard to
the above submissions but without expressing any opinion on the
genuineness or correctness of the allegations made by the
petitioners, this petition is disposed of with the direction that
learned counsel for the petitioners shall send a copy of the petition
along with its annexures to the Station House Officer of concerned
(4 of 4) [CRLW-1406/2021]
Police Station through e-mail, and on receipt of the same, the
Station House Officer concerned shall treat it as a complaint and
after due enquiry, he shall take necessary preventive measures
and other steps to ensure safety and security of the petitioners in
accordance with law.
10. However, as a precautionary note, it is made clear that this
order shall not come in the way of civil/criminal case, if any, and
such case would take its own course as per law.
(MANOJ KUMAR VYAS),J
Sunita Kanwar /17
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