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Smt. Jyoti Kumari Daughter Of Shri ... vs State Of Rajasthan
2023 Latest Caselaw 3957 Raj/2

Citation : 2023 Latest Caselaw 3957 Raj/2
Judgement Date : 22 August, 2023

Rajasthan High Court
Smt. Jyoti Kumari 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. 1891/2023

1.    Smt. Jyoti Kumari Daughter Of Shri Puran
      Chand, Wife Of Shri Anil Kumar, Aged About
      28 Years, Resident Of Brij Nagar Colony,
      Achhanera Road, Bharatpur (Raj).
2.    Anil Kumar Son Of Shri Naresh Babu, Aged
      About 29 Years, Resident Of Achnera Road,
      Brij Nagar Colony, Bharatpur (Raj).
                                                      ----Petitioners
                             Versus
1.    State Of Rajasthan, Through P.p.
2.    The Director General Of Police, Police Head
      Quarter , Lal Kothi, Jaipur (Raj).
3.    Superintendent Of Police, Bharatpur (Raj).
4.    The Station House Officer, Police Station
      Mathuragate, District Bharatpur (Raj).
5.    Puran Chand Son Of Late Shri Manak Chand,
      Resident Of Brij Nagar Colony, Achhanera
      Road, Bharatpur (Raj).
6.    Laxmi    Devi      Wife      Of    Shri     Puran      Chand,
      Resident Of Brij Nagar Colony, Achhanera
      Road, Bharatpur (Raj).
7.    Arun Sharma Son Of Shri Puran Chand,
      Resident Of Brij Nagar Colony, Achhanera
      Road, Bharatpur (Raj).
8.    Purnima Sharma Wife Of Shri Arun Sharma,
      Resident Of Brij Nagar Colony, Achhanera
      Road, Bharatpur (Raj).
9.    Tarun Sharma Son Of Shri Puran Chand,
      Resident Of Brij Nagar Colony, Achhanera
      Road, Bharatpur (Raj).
10.   Punam Sharma Wife Of Shri Tarun Sharma,
      Resident Of Brij Nagar Colony, Achhanera



          (Downloaded on 11/11/2023 at 07:25:03 PM)
                               (2 of 4)                 [CRLW-1891/2023]


       Road, Bharatpur (Raj).
11.    Suresh Chand Son Of Late Shri Manak Chand,
       Resident Of Village Veerthala, Tehsil Nagar,
       District Bharatpur (Raj).
12.    Kesar     Devi    Wife      Of     Shri     Suresh      Chand
       Sharma, Resident Of Village Veerthala, Tehsil
       Nagar, District Bharatpur (Raj).
13.    Mukesh Sharma Son Of Shri Suresh Chand
       Sharma, Resident Of Village Veerthala, Tehsil
       Nagar, District Bharatpur (Raj).
14.    Devendra Sharma Son Of Shri Suresh Chand
       Sharma, Resident Of Village Veerthala, Tehsil
       Nagar, District Bharatpur (Raj).
15.    Naresh Babu Son Of Late Shri Ramjilal,
       Resident Of Achnera Road, Brij Nagar Colony,
       Bharatpur (Raj).
16.    Smt. Kamal Lata Wife Of Shri Naresh Babu,
       Resident Of Achnera Road, Brij Nagar Colony,
       Bharatpur (Raj).
                                                 ----Respondents

For Petitioner(s) : Mr. Amitabh Jatav, 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

(3 of 4) [CRLW-1891/2023]

and protection to them, as they are facing grave

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, Bharatpur

(Rajasthan) indicating their concern with the name(s)

of probable assailants.

If any such representation is moved by the

petitioners, the Superintendent of Police, Bharatpur

(Rajasthan) shall consider the same and after

(4 of 4) [CRLW-1891/2023]

analysing the factual situation pass necessary orders

or take action to ward off any untoward incident.

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 /285

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