Garima Vairagi vs State Of Rajasthan
2022 Latest Caselaw 8316 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 3777/2022

1. Garima Vairagi W/o Sh. Nitin Joshi D/o Sh. Gopal Das, Aged About 23 Years, Zinc Complex Debari, Udaipur, Zinc Smelter, Raj.

2. Nitin Joshi S/o Sh. Devendra Joshi, Aged About 23 Years, Aadarsh Nagar, Teetardi, Dist. Udaipur, Raj.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Dept. Of Home Affairs, Govt. Of Rajasthan, Jaipur.

2. The Inspector General Of Police, Udaipur Range, Dist.

Udaipur, Raj.

3. The Superintendent Of Police, Udaipur, Raj.

4. The Sho, P.s. Pratapnagar, Dist. Udaipur, Raj.

5. Gopal Das S/o Sh. Mohan Das, Aged About 45 Years, Zinc Complex Debari, Udaipur, Zinc Smelter, Raj.

6. Rekha Vairagi W/o Sh. Gopal Das, Zinc Complex Debari, Udaipur, Zinc Smelter, Raj.

7. Sandeep Das Vaishnav S/o Sh. Heera Das, Udaipur, Raj.

8. Devendra Joshi S/o Sh. Bhagwati Lal Joshi, Brahmpuri Teetari, Teh. Girwa, Ps Savina, Udaipur, Raj.

9. Vimla Joshi W/o Sh. Devendra Joshi, Brahmpuri Teetari, Teh. Girwa, Ps Savina, Udaipur, Raj.

----Respondents

For Petitioner(s) : Mr. Durgesh Khatri For Respondent(s) : Ms. Anita Gehlot, PP

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

27/06/2022 The instant misc. petition has been preferred by the

petitioners under Section 482 Cr.P.C. seeking direction for being

provided with adequate security and protection.

(2 of 2) [CRLMP-3777/2022]

The petitioners both being major persons claim to have performed a love marriage. They submit that the marriage was performed against the wishes of their parents and thus, they feel threat to their lives at the hands of respondent No.5, who is father of petitioner No.1. The petitioners allegedly approached the Superintendent of Police, Udaipur with a prayer to be provided with adequate protection but no heed has been paid to their request so far.

The documents pertaining to the age of the petitioners and the marriage ceremony performed between them have been filed on record. Thus, taking cue from the judgment rendered by the Hon'ble Supreme Court in the case of Lata Singh Vs. State of U.P. Reported in AIR 2006 SC 2522, the prayer made by the petitioners for directing the S.P., Udaipur to provide protection to the petitioners deserves to be accepted.

The Superintendent of Police, Udaipur shall have the matter enquired into and if so required, appropriate protection shall be provided to the petitioners as and when warranted. The S.P. Udaipur shall ensure that no harm is caused to the petitioners, who have performed a love marriage.

It is hereby clarified that this order may not be construed to be a validation of petitioners' marriage and proof of their age. Any observation made herein shall not affect any criminal or civil proceedings initiated against the petitioners, at the instance of their relatives.

The misc. petition as well as stay petition accordingly stand disposed of.

(VINOD KUMAR BHARWANI),J 81-Mamta/-

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