Suman vs State Of Rajasthan
2022 Latest Caselaw 8389 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 2927/2022

1. Suman W/o Radheshyam D/o Mangi Lal, Aged About 22 Years, B/c Bheel, R/o Dakshini Dhani, Ranisar, Jodhpur (Raj.).

2. Radheshyam S/o Sukha Ram, Aged About 21 Years, B/c Bheel, R/o Bhakhari Bas, Chopad, Soorsagar, Jodhpur (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through Chief Secretary, Ministry Of Home Affairs, Jaipur Rajasthan.

2. The Superintendent Of Police, Jodhpur Rural.

3. Station House Officer, P.s. Bhojasar, Dist. Jodhpur.

4. Mangi Lal S/o Jeta Ram, B/c Bheel, R/o Dakshini Dhani, Ranisar, Jodhpur (Raj.).

----Respondents

For Petitioner(s) : Mr. Suresh Kumar Maru For Respondent(s) : Mr.S.K. Bhati, PP

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

28/06/2022

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

threat to their lives at the hands of respondent No.4, who is father

of petitioner No.1. The petitioners allegedly approached the

Superintendent of Police, Jodhpur Rural with a prayer to be

(2 of 2) [CRLMP-2927/2022]

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., Jodhpur Rural to provide

protection to the petitioners deserves to be accepted.

The Superintendent of Police, Jodhpur Rural 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. Jodhpur Rural 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 21-Mamta/-

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