Smt. Hemu Panwar vs State Of Rajasthan
2021 Latest Caselaw 15608 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 14190/2021

1. Smt. Hemu Panwar D/o Poonam Chand Panwar, Aged About 21 Years, By Caste Meghwal, R/o 124, Ward No.9, Kilchoo Deodan, Garhwala, Bikaner, Raj-334001.

2. Surendra Singh S/o Jethu Singh, Aged About 22 Years, By Caste Rajput, R/o Ward No.12, Kalayansar Agoona, Garhwala, Bikaner, Raj-334001.

----Petitioners Versus

1. State Of Rajasthan, Through The Principal Secretary, Home Department, Government Of Rajasthan, Secretariat, Jaipur, Raj.

2. The Superintendent Of Police, District Bikaner, Raj.

3. The Station House Officer, Police Station Napasar, District Bikaner, Raj.

4. Poonam Chand Panwar S/o Imartaram, 124, Ward No.09, Kilchoo Deodan, Garhwala, Bikaner, Raj.

5. Rajesh Panwar S/o Poonam Chand, 124, Ward No.09, Kilchoo Deodan, Garhwala, Bikaner, Raj.

6. Bhanwarlal S/o Fusaram, 124, Ward No.09, Kilchoo Deodan, Garhwala, Bikaner, Raj.

7. Sunil Barupal S/o Ramlal, Surdhana, Garhwala, Bikaner, Raj.

                                                              ----Respondents




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For Petitioner(s)        :     Mr. Milap Chopra

                               Smt. Hemu Panwar, Mr. Surendra

Singh, petitioners, present in person

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

06/10/2021

This writ petition has been filed by the petitioners

with the following prayers :-

"It is therefore, humbly prayed, that this writ petition may kindly be allowed and:-

(i) by an appropriate writ, order and direction, the respondent authorities may kindly be directed to provide police protection to the petitioners.

(ii) by an appropriate writ, order or direction, the respondent authorities may kindly be directed to restrain the private respondents from infringement upon the fundamental right to life and personal liberty of the petitioners guaranteed under the article 21 of the constitution of India;

(iii) by an appropriate writ, order or direction, the respondent authorities may kindly be directed to restrain the private respondents to harass, threaten or commit any act of violence against the petitioners.

(iv) Any other appropriate order or direction, which this Hon'ble Court deems fit and proper in facts and circumstances of this case, may kindly be passed in favor of the petitioners;

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(v) Costs of the writ petition may kindly be awarded to the petitioners.

Learned counsel for the petitioners has submitted

that the petitioners are major and as per their own free,

they have married to each other, but their family

members are annoyed with their marriage and had

threatened them with dire consequences, therefore,

adequate police protection be provided to them.

After considering the arguments advanced by

learned counsel for the petitioners and taking into

consideration the facts and circumstances of the case,

this Court is of the opinion that if the petitioners are

having any apprehension regarding their life and liberty

from their relatives, they may move appropriate

representation before the Superintendent of Police,

Bikaner narrating their grievance.

It is expected that if any such representation is

moved on behalf of the petitioners, the Superintendent of

Police, Bikaner shall consider the same and after

analysing the threat perceptions, may pass necessary

order, if so required.

It is made clear that this order is not a proof of age

and the marriage of the petitioners and any observations

in this order shall not affect any criminal and civil

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proceedings initiated against the petitioners at the

instances of their relatives.

With these observations, this writ petition is

disposed of.

Stay petition also stands disposed of.

(VIJAY BISHNOI),J

286-msrathore/-

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