Shobha vs State Of Rajasthan
2022 Latest Caselaw 589 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 545/2022

1. Shobha W/o Kishana Ram D/o Shri Igya Ram, Aged About 18 Years, By Caste Jat, R/o Beganiyo Ki Dhani, Bairdo Ka Bas, Cherai, Osian, District Jodhpur.

2. Kishana Ram S/o Shri Rupa Ram, Aged About 21 Years, By Caste Jat, R/o Bhalu Jongsar, Tehsil Shekhala, District Jodhpur.

----Petitioners Versus

1. State Of Rajasthan, Through Chief Secretary, Ministry Of Home Affairs, Jaipur (Raj.).

2. Director General Of Police, Govt. Of Rajasthan Police Head Quarter, Jaipur.

3. The Superintendent Of Police, Jodhpur.

4. The S.h.o., Police Station Dechu, District Jodhpur.

5. The S.h.o., Police Station Osian, District Jodhpur.

----Respondents

For Petitioner(s) : Mr. Ankit Choudhary through VC

JUSTICE DINESH MEHTA Order 11/01/2022

1. By way of the present writ petition, the petitioners have

sought police protection.

2. Upon perusal of the pleadings, this Court does not find any

serious threat perception to the petitioners and, therefore, there is

no requirement of passing any order for providing police

protection to them in light of judgment of Hon'ble the Supreme

Court in the case of Lata Singh Vs. State of U.P. & Anr. (AIR

2006 SC 2522), wherein it has been held that the Courts are not

meant to provide protection to such youths, who have simply fled

to marry according to their own wishes.

(2 of 2) [CW-545/2022]

3. There is no material or reason for this Court to conclude that

the petitioners' life and liberty are at peril. There is not even an

iota of evidence to evince that private respondents (relatives of

the petitioner No.1) are likely to cause physical or mental assault

to the petitioners.

4. If the petitioners have decided to marry, they must muster

the audacity and possess tenacity to face and to persuade the

society and their family to accept the step they have taken.

5. In a deserving case, the Court can provide security to the

couple, but cannot lend them the support they have sought. They

have to learn to support each other and face the society.

6. If any person misbehaves or manhandles them, the Courts

and police authorities are there to come to their rescue, but they

cannot claim security as a matter of course or right.

7. The petition is, therefore, rejected.

8. The stay application also stands disposed of accordingly.

9. Needless to observe that petitioners have already moved a

representation before the Superintendent of Police, Sriganganagar.

In case the Superintendent of Police finds a real threat perception,

he will do the needful in accordance with law.

(DINESH MEHTA),J

122-pooja/-

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