Rajasthan High Court - Jodhpur
Shagufta vs State Of Rajasthan on 13 January, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 109/2022
1. Shagufta D/o Abdul Shakur Modi, Aged About 21 Years,
B/c Muslim, R/o Ghasmandi, Near Qaddus Ki Hotel,
Jodhpur, Rajasthan.
2. Arvind Kumar S/o Dhagal Chand, Aged About 26 Years,
B/c Jingar, R/o 168, Indra Colony, Pratap Nagar, Jodhpur,
Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Chief Secretary, Ministry Of
Home Affairs, Jaipur, Rajasthan.
2. The Police Commissionerate, Jodhpur.
3. Station House Officer, P.s. City Police, Jodhpur.
4. Dinesh Modi S/o Abdul Shakur Modi, B/c Muslim, R/o
Ghasmandi, Near Qaddus Ki Hotel, Jodhpur, Rajasthan.
5. Salam Hanan Modi S/o Abdul Shakur Modi, B/c Muslim,
R/o Ghasmandi, Near Qaddus Ki Hotel, Jodhpur,
Rajasthan.
6. Nadeem Modi S/o Abdul Ghafur Modi, B/c Muslim, R/o
Ghasmandi, Near Qaddus Ki Hotel, Jodhpur, Rajasthan.
7. Sajid Modi S/o Saeed Modi, B/c Muslim, R/o Ghasmandi,
Near Qaddus Ki Hotel, Jodhpur, Rajasthan.
8. Jakir Modi S/o Saeed Modi, B/c Muslim, R/o Ghasmandi,
Near Qaddus Ki Hotel, Jodhpur, Rajasthan.
9. Furkan Modi S/o Mohd. Ehsan Modi, B/c Muslim, R/o
Ghasmandi, Near Qaddus Ki Hotel, Jodhpur, Rajasthan.
10. Najir Modi S/o Mohd. Bashir Modi, B/c Muslim, R/o
Ghasmandi, Near Qaddus Ki Hotel, Jodhpur, Rajasthan.
11. Anees Modi S/o Mohd. Sammi Modi, B/c Muslim, R/o
Ghasmandi, Near Qaddus Ki Hotel, Jodhpur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Lalkar Singh Rajpurohit (through VC)
For Respondent(s) : Mr. Mahipal Bishnoi, PP
(2 of 3) [CRLMP-109/2022]
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
13/01/2022
This criminal misc. petition has been filed by the petitioners
with the following prayers :-
"It is, therefore, most humbly and respectfully prayed
that this misc. petition may kindly be allowed and :-
(i) the respondents-authorities be directed to provide
Police protection to the petitioners.
(ii) If any FIR has been lodged against the petitioners by
the respondent No. 4 to 11 and other family members
the official respondents be directed to give notice to
the petitioner before taking any action on the said FIR
and thy 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
(3 of 3) [CRLMP-109/2022]
may move appropriate representation before the Police
Commissionerate, Jodhpur narrating their grievance. It is expected
that if any such representation is moved on behalf of the
petitioners, the Police Commissionerate, Jodhpur 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
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
61-Arun/-
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