Citation : 2022 Latest Caselaw 8499 Raj
Judgement Date : 30 June, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 3847/2022
1. Reena Damor W/o Kamlesh Maida, Aged About 20 Years, D/o Kallu Damor, R/o At Present Residing At Aadivasi Mohalla, Nai Aabadi Uti, Mor, District Banswara, Rajasthan.
2. Kamlesh Maida S/o Lavji Maida, Aged About 25 Years, R/o Aadivasi Mohalla, Nai Aabadi Uti, Mor, District Banswara, Rajasthan.
----Petitioners Versus
1. State Of Rajasthan, Through The Secretary, Department Of Home Affairs, Govt. Of Rajasthan, Jaipur.
2. The Superintendent Of Police, Banswara, Rajasthan.
3. The Station House Officer, Arthuna, District Banswara, Rajasthan.
4. Kallu Damor S/o Raoji, R/o Nai Aabadi Khadon, Tehsil Garhi, District Banswara, Rajasthan.
5. Ishwar S/o Kallu Damor, R/o Nai Aabadi Khadon, Tehsil Garhi, District Banswara, Rajasthan.
6. Shankar S/o Kallu Damor, R/o Nai Aabadi Khadon, Tehsil Garhi, District Banswara, Rajasthan.
7. Nanji Damor S/o Raoji Damor, R/o Nai Aabadi Khadon, Tehsil Garhi, District Banswara, Rajasthan.
8. Videsh S/o Nanji Damor, R/o Nai Aabadi Khadon, Tehsil Garhi, District Banswara, Rajasthan.
9. Dileep S/o Nanji Damor, R/o Nai Aabadi Khadon, Tehsil Garhi, District Banswara, Rajasthan.
10. Veerji S/o Nanji Damor, R/o Nai Aabadi Khadon, Tehsil Garhi, District Banswara, Rajasthan.
11. Pankaj S/o Veerji Damor, R/o Nai Aabadi Khadon, Tehsil Garhi, District Banswara, Rajasthan.
12. Kanti S/o Veerji Damor, R/o Nai Aabadi Khadon, Tehsil Garhi, District Banswara, Rajasthan.
13. Babla S/o Veerji Damor, R/o Nai Aabadi Khadon, Tehsil Garhi, District Banswara, Rajasthan.
----Respondents
(2 of 3) [CRLMP-3847/2022]
For Petitioner(s) : Mr. Pran for Mr. Sampat Prajapat
For Respondent(s) : Mr. M.A.Siddiqui, AAG
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
30/06/2022
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 and other family members. The petitioners
allegedly approached the Superintendent of Police, Banswara 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., Banswara to provide
protection to the petitioners deserves to be accepted.
The Superintendent of Police, Banswara 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. Banswara shall ensure that no harm is caused to the
petitioners, who have performed a love marriage.
(3 of 3) [CRLMP-3847/2022]
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 2-Mamta/-
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