Rajasthan High Court
Smt. Payal Saini Daughter Of Shri ... vs State Of Rajasthan on 22 August, 2023
Bench: Uma Shanker Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 1893/2023
1. Smt. Payal Saini Daughter Of Shri Sonaram
Saini, Aged About 18 Years, Resident Of
Toadpura Road, Kuwa Telyala, Ward No. 1
Udaipurwati, Jhunjhunu (Raj.)
2. Mahendra Kumar Mitawa Son Of Shri Parsa
Ram Saini, Aged About 22 Years, Resident Of
Ward No. 9, Dhani Bagriyawali Chirana, Tehsil
Nawalgarh,dist. Jhunjhunu(Raj.)
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. The Director General Of Police, Jaipur (Raj.)
3. The Superintendent Of Police, Jhunjhunu
(Raj.)
4. The Superintendent Of Police, Neemkathana
(Raj.)
5. The Station House Officer, Police Station,
Udaipurwati, Jhunjhunu (Raj.)
6. The Station House Officer, Police Station,
Udaipurwati, Dist.neemkathana (Raj.)
7. Sonaram Saini S/o Bhagirath Saini, Aged
About 46 Years, Resident Of Toadpura Road,
Kuwa Telyala, Ward No. 1,tehsil
Udaipurwati,dist. Jhunjhunu (Raj.)
8. Suman Devi W/o Sonaram Saini, Aged About
43 Years, Resident Of Toadpura Road, Kuwa
Telyala, Ward No. 1,tehsil Udaipurwati,dist.
Jhunjhunu (Raj.)
9. Jagdeesh Saini B/o Bhagirath Saini, Aged
About 48 Years, Resident Of Toadpura Road,
Kuwa Telyala, Ward No. 1,tehsil
Udaipurwati,dist. Jhunjhunu (Raj.)
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10. Shrawan Saini S/o Sonaram Saini, Aged
About 20 Years, Resident Of Toadpura Road,
Kuwa Telyala, Ward No. 1,tehsil
Udaipurwati,dist. Jhunjhunu (Raj.)
11. Kuldharam Saini B/o Bhagirath Saini, Aged
About 50 Years, Resident Of Toadpura Road,
Kuwa Telyala, Ward No. 1,tehsil
Udaipurwati,dist. Jhunjhunu (Raj.)
12. Mahaveer Prasad Saini B/o Bhagirath Saini,
Aged About 52 Years, Resident Of Toadpura
Road, Kuwa Telyala, Ward No. 1,tehsil
Udaipurwati,dist. Jhunjhunu (Raj.)
13. Lokesh S/o Kuldharam Saini, Aged About 20
Years, Resident Of Toadpura Road, Kuwa
Telyala, Ward No. 1 Tehsil Udaipurwati, Dist.
Jhunjhunu (Raj.)
14. Dhermandra Saini S/o Kuldharam Saini, Aged
About 24 Years, Resident Of Toadpura Road,
Kuwa Telyala, Ward No. 1,tehsil
Udaipurwati,dist. Jhunjhunu (Raj.)
15. Prakash Sainis/o Mahaveer Prasad Saini, Aged
About 30 Years, Resident Of Toadpura Road,
Kuwa Telyala, Ward No. 1,tehsil
Udaipurwati,dist. Jhunjhunu (Raj.)
16. Naresh S/o Deendayal, Aged About 42 Years,
Residence Of Teeba Ki Dhani, Khandela, Tehsil
Shrimadhopur, District Sikar (Raj.)
17. Rakesh S/o Deendayal, Aged About 35 Years,
Residence Of Teeba Ki Dhani, Khandela, Tehsil
Shrimadhopur, District Sikar (Raj.)
18. Nagarmal Saini S/o Namalum, Aged About 60
Years, Residence Of Tameda Kuwa, Tehsil
Udaipurwati District Jhunjhunu(Raj.)
19. Bhagji S/o Namalum, Aged About 65 Years,
Residence Of Tameda Kuwa Tehsil
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Udaipurwati, District Jhunjhunu (Raj.)
20. Subhash Meena S/o Namalum, Aged About 45
Years, Residence Of Nangal Tehsil Udipurwati,
District Sikar (Raj.)
21. Ramjilal Meena S/o Namalum, Aged About 55
Years, Residence Of Nangal Tehsil Udipurwati,
District Sikar (Raj.)
22. Madan S/o Bodhuram, Aged About 62 Years,
Residence Of Chirana, Bhangiyo Ki Dhani,
Tehsil Nawalgarhm, District Jhunjhunu (Raj.)
23. Chothmal Sharma S/o Nathuram Sharma,
Aged About 50 Years, Resident Of Toadpura
Road, Kuwa Telyala, Ward No. 1,tehsil
Udaipurwati,dist. Jhunjhunu (Raj.)
24. Lalchand Meena S/o Namalum, Aged About 30
Years, Residence Of Toadpura, Dhani-Attapali,
Tan Nangal Tehsil Udaipurwati, District
Jhunjhunu (Raj.)
----Respondents
For Petitioner(s) : Mr. Omveer Singh Saini, Adv.
For : Mr. Bhawani Shanker Sharma,
Respondent(s) P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Judgment / Order
22/08/2023
The petitioners have preferred the present writ
petition under Article 226 of the Constitution of India
for issuance of necessary directions to the
respondent authorities to provide adequate security
and protection to them, as they are facing grave
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threat of life and liberty at the hands of private
respondent(s).
Learned counsel for the petitioners submits that
the petitioners are of major age and they solemnized
their marriage of their own free will. However, their
family members are not agreeable to their marriage
and have threatened them of dire consequences.
He prays that adequate police protection be
provided to them.
Though no specific instance or imminent threat
has been pleaded but considering the submissions
made by learned counsel for the petitioners and
having regard to the facts and circumstances of the
case, this Court is of the opinion that if the
petitioners are having any apprehension or threat
perception about their life and liberty from their
relatives, they may move appropriate representation
before the Superintendent of Police, Jhunjhunu
(Rajasthan) indicating their concern with the name(s)
of probable assailants.
If any such representation is moved by the
petitioners, the Superintendent of Police, Jhunjhunu
(Rajasthan) shall consider the same and after
analysing the factual situation pass necessary orders
or take action to ward off any untoward incident.
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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.
With these observations, this criminal writ
petition is disposed of.
The stay application also stands disposed of
accordingly.
(UMA SHANKER VYAS),J
DANISH USMANI /287
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