Citation : 2022 Latest Caselaw 657 Raj
Judgement Date : 12 January, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 7167/2021
1. Kamla D/o Mobha Ram Nehra, Aged About 28 Years, B/c Jat, R/o Kolasar, Teh. Sujangarh, Dist. Churu.
2. Raju Ram Saran S/o Kana Ram Saran, Aged About 26 Years, B/c Jat, R/o Village Dhyava, Teh. Ladnu, Dist. Nagaur.
----Petitioners Versus
1. State Of Rajasthan, Through The Secretary, Dept. Of Home Affairs Govt. Of Rajasthan Secretariat, Jaipur.
2. Superintendent Of Police, Churu.
3. The SHO P.S. Salasar, Dist. Churu.
4. Mobha Ram S/o Jagu Ram, B/c Jat, R/o Kolasar, Teh.
Sujangarh, Dist. Churu.
5. Shanti Devi W/o Mobha Ram, B/c Jat, R/o Kolasar, Teh.
Sujangarh, P.s. Sujangarh, Dist. Churu.
----Respondents
For Petitioner(s) : Mr. Divakar Sharma (through VC) For Respondent(s) : Mr. Mahipal Bishnoi, PP Present in person(s) : Ms. Kamla (through VC) Mr. Raju Ram Saran (through VC)
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
12/01/2022
This criminal misc. petition has been filed by the petitioners
with the following prayers :-
"It is, therefore, most respectfully prayed that this misc. petition may kindly be allowed and :-
(i) the respondents-authorities be directed to provide Police protection to the petitioners and may kindly be directed to S.P. Churu to provide adequate security to the petitioners and their family members.
(2 of 3) [CRLMP-7167/2021]
(ii) If any FIR has been lodged against the petitioners by
the family members of the petitioner no.1 and other family members the official respondents be directed to give notice to the petitioners before taking any action on the said FIR and they be further restrained from taking any coercive action against the petitioners.
(iv) Such other and further order/orders as this Hon'ble Court may deems fit and proper in the facts and circumstances of the present case and in the interest of justice."
Learned counsel for the petitioners has submitted that the
petitioners are major and as per their own will, they have married
to each other but the family members of the petitioner No.1 are
annoyed with their marriage and have threatened them with dire
consequences, therefore, adequate police protection be provided
to the petitioners.
After considering the arguments advanced by learned
counsel for the petitioners and after 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
lives and liberty from the relatives of the petitioner No.1, they
may move appropriate representation before the Superintendent
of Police, Churu narrating their grievance. It is expected that if
any such representation is moved on behalf of the petitioners, the
Superintendent of Police, Churu shall consider the same and after
analysing the threat perception, if required so, may pass
necessary orders.
It is made clear that this order is not a proof of age and the
marriage of the petitioners and any observations made in this
(3 of 3) [CRLMP-7167/2021]
order shall not affect any criminal and civil proceedings initiated
against the petitioners at the instances of their relatives.
With these observations this criminal misc. petition is
disposed of.
Stay petition also stands disposed of.
(VIJAY BISHNOI),J 59-Arun/-
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