Juberia Bano vs State Of Rajasthan
2023 Latest Caselaw 5924 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 1375/2023

1. Juberia Bano D/o Liyakar Ali, Aged About 18 Years, B/c Musalman, R/o Bhutto Ka Bas, Indra Colony, Bikaner (Raj.).

2. Anish Ali S/o Sattar Khan, Aged About 22 Years, B/c Musalman, R/o Bhutto Ka Bas, Indra Colony, Bikaner (Raj.).

----Petitioners Versus

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

2. The Superintendent Of Police, Bikaner (Raj.).

3. Sho, P.s. Sadar Bikaner, Dist. Bikaner (Raj.).

4. Liyakat Ali S/o Abdul Rahman, B/c Musalman, R/o Bhutto Ka Bas, Bikaner (Raj.).

5. Shabnam Bano W/o Liyakat Ali, B/c Musalman, R/o Bhutto Ka Bas, Bikaner (Raj.).

6. Mohammad Ali S/o Abdul Rahman, B/c Musalman, R/o Kohari Ka Bas, Bikaner (Raj.).

7. Faruk Ali Sameja S/o Shamsher Sameja, B/c Musalman, R/o Dhobi Talai, Rani Bazar, Bikaner (Raj.).

8. Sajid S/o Sattar, B/c Musalman, R/o Bhutto Ka Bas, Bikaner (Raj.).

9. Sikander S/o Sattar, B/c Musalman, R/o Bhutto Ka Bas, Bikaner (Raj.).

10. Mohammad Shakil S/o Sattar, B/c Musalman, R/o Bhutto Ka Bas, Bikaner (Raj.).

----Respondents

For Petitioner(s) : Mr. Varun Arora. For Respondent(s) : Mr. Mahipal Bishnoi, P.P.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

16/08/2023

The criminal writ petition has been preferred by the

petitioners under Article 226 of the Constitution of India seeking

direction for being provided with adequate security and protection.

(2 of 2) [CRLW-1375/2023]

The petitioners both being major persons claim to be in a live

in relationship. They submit that they are living with each other

against the wishes of their parents and thus, they are threatened

at the hands of respondents, who are their relatives. The

petitioners allegedly approached the Superintendent of Police,

Bikaner 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

an ikrarnama verifying the factum of them being in a live in

relationship 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., Bikaner to

provide protection to the petitioners deserves to be accepted.

The Superintendent of Police, Bikaner 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.

Bikaner shall ensure that no harm is caused to the petitioners,

who are in a live in relationship.

The criminal writ petition is accordingly disposed of.

A copy of this order be sent to the respondents forthwith.

(KULDEEP MATHUR),J 116-Prashant/-

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