Seema Topno vs State Of Rajasthan
2022 Latest Caselaw 8465 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 3672/2022

1. Seema Topno D/o Sh. Herman Topno W/o Karna Ram Beniwal, Aged About 27 Years, Siangkel, West Singhbhum, Jharkhand At Present Beniwal Mohalla, Village Manjhi, Teh. Degana, Dist. Nagaur.

2. Karna Ram Beniwal S/o Sh. Hardeen Ram Beniwal, Aged About 35 Years, Beniwal Mohalla, Village Manjhi, Teh. Degana, Dist. Nagaur.

----Petitioners Versus

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

2. The Superintendent Of Police, Nagaur.

3. The SHO, P.S. Degana, Dist. Nagaur.

4. Smt. Gress Topno W/o Lt. Sh. Herman Topno, Aged About 53 Years, Siangkel, West Singhbhum, Jharkhand.

----Respondents

For Petitioner(s) : Mr. Surendra Singh Choudhary For Respondent(s) : Mr. Mohd. Javed Gauri, P.P.

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

29/06/2022

The instant misc. petition has been preferred by the

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

providing adequate police protection.

The petitioners both being major persons claim to have

performed a love marriage. It is submitted 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

mother of petitioner No.1. The petitioners allegedly approached

(2 of 2) [CRLMP-3672/2022]

the police authorities concerned with a prayer to provide 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 to provide protection to the petitioners deserves to be

accepted.

The Superintendent of Police, Nagaur shall get the matter

enquired into and if so required, to provide appropriate protection

to the petitioners as and when warranted and 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 142-RP/-

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