Citation : 2022 Latest Caselaw 8319 Raj
Judgement Date : 27 June, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 3730/2022
1. Anuradha Kumari W/o Sh. Mukesh Kumar, D/o Sh.
Bhanwar Lal, Aged About 25 Years, Asind Teh. Asind, Dist. Bhilwara, Raj.
2. Mukesh Kumr S/o Sh. Kanwar Pal, Aged About 31 Years, Asind Teh. Asind, Dist. Bhilwara, Raj.
----Petitioners Versus
1. State Of Rajasthan, Through The Secretary, Dept. Of Home Affairs, Govt. Of Rajasthan, Jaipur.
2. The Superintendent Of Police, Bhilwara, Raj.
3. The Superintendent Of Police, Rajsamand, Raj.
4. The Sho, P.s. Asind, Dist. Bhilwara, Raj.
5. The Sho, P.s. Bheem, Dist. Rajsamand, Raj.
6. Bhanwar Lal S/o Sh. Lala Ram, Barar, Dist. Rajsamand, Raj. (Father).
7. Avinash S/o Sh. Bhanwar Lal, R/o Barar Dist. Rajsamand, Raj. (Brother).
----Respondents
For Petitioner(s) : Mr. Mahendra Godara For Respondent(s) : Mr. Mukhtiyar Khan, 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.
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
(2 of 2) [CRLMP-3730/2022]
threat to their lives at the hands of respondent No.6, who is father
of petitioner No.1. The petitioners allegedly approached the
Superintendent of Police, Bhilwara 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., Bhilwara to provide protection
to the petitioners deserves to be accepted.
The Superintendent of Police, Bhilwara 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. Bhilwara 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 79-Mamta/-
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