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Sundar Gayari vs State Of Rajasthan
2022 Latest Caselaw 782 Raj

Citation : 2022 Latest Caselaw 782 Raj
Judgement Date : 14 January, 2022

Rajasthan High Court - Jodhpur
Sundar Gayari vs State Of Rajasthan on 14 January, 2022
Bench: Vijay Bishnoi

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 47/2022

1. Sundar Gayari D/o Chamna Ji, Aged About 22 Years, R/o Near Tulsidas Saray, Gudali, District Udaipur (Rajasthan)

2. Lalit Gayari S/o Mangi Gayari, Aged About 25 Years, R/o 435, South Sunder Bas, District Udaipur (Rajasthan)

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. The Superintendent Of Police, Udaipur.

3. Station House Officer, Police Station Dabok, District Udaipur, Rajasthan.

4. Shankar Lal Gayari S/o Lehri Lal, R/o Gameti Basti, Sinhada, Girva, District Udaipur.

5. Chamna S/o Shri Udai Lal Gayari, R/o Near Tulsidas Saray, Gudali, District Udaipur (Rajasthan)

----Respondents

For Petitioner(s) : Mr. Girish Sankhala (through VC) For Respondent(s) : Mr. Mukhtiyar Khan, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI Judgment / Order 14/01/2022

This criminal misc. petition under Section 482 Cr.P.C. 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 Superintending of Police Udaipur to provide adequate security to the petitioners and their faimily members.

ii. If any FIR is lodged against the petitioners by the family members of the petitioner no. 1 and other family members the official respondents be directed to given notice to the petitioners before taking any action on the said FIR and thy be further restrained from taking any coercive action against the petitioners.

iii. Such other and further order/orders as this Hon'ble Court may deems fit and proper in the facts and

(2 of 2) [CRLMP-47/2022]

circumstances of the present case and in the interest of justice. "

Learned counsel for the petitioners has submitted that the

petitioners are major and they are living in live-in-relationship as

per their own free will, but their family members are annoyed with

their relationship and 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, Udaipur

narrating their grievances.

It is expected that if any such representation is moved on

behalf of the petitioners, the Superintendent of Police, Udaipur

shall consider the same and after analysing the threat perceptions

may pass necessary orders, if so required.

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

relationship of the petitioners and any observation 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 42-mohit/-

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