Citation : 2023 Latest Caselaw 5929 Raj
Judgement Date : 16 August, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 1046/2023
1. Imarti W/o Rampratap Vishnoi, Aged About 22 Years, R/o Nimbadiyon Ki Dhani Peelwa Jodhpur
2. Rampratap Vishnoi S/o Sh. Ishara Ram, Aged About 26 Years, R/o Kanwa Vishnoiyo Ki Dhani Ekalhori Jodhpur
----Petitioners Versus
1. State Of Rajasthan, Through Pp
2. Superintendent Of Police, Jodhpur Rural
3. SHO, P.S. Osiya Dist. Jodhpur
4. Poona Ram S/o Bhakchand Ram Isharwal, R/o Kanodiya, Jodhpur.
5. Bhajana Ram S/o Poona Ram Isharwal, R/o Kanodiya, Jodhpur.
6. Anil S/o Poona Ram Isharwal, R/o Kanodiya, Jodhpur.
7. Babu Ram S/o Kana Ram Isharwal, R/o Kanodiya, Jodhpur.
8. Deva Ram S/o Kana Ram Isharwal, R/o Kanodiya, Jodhpur.
9. Ajmala Ram S/o Sanwata Ram Udani, R/o Sanwarij, Jodhpur.
10. Bhajan Ram S/o Sanwata Ram Udani, R/o Sanwarij, Jodhpur.
11. Ashok S/o Chena Ram Isharwal, R/o Bhim Sagar, Samrau, Jodhpur.
12. Sona Ram S/o Ridmal Ram Isharwal, R/o Bhim Sagar, Samrau, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Jagdish Bhadu.
Mr. Ghewer Ram.
For Respondent(s) : Mr. Mahipal Bishnoi, P.P.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
16/08/2023
The matter comes up on an application filed by the
petitioners seeking impleadment of parties in the array of
respondents.
(2 of 3) [CRLW-1046/2023]
For the reasons mentioned in the application (I.A.
No.01/2023), the same is allowed. The amended cause title
annexed with the application is hereby taken on record.
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.
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 respondents, who are their
relatives. The petitioners allegedly approached the Superintendent
of Police, Jodhpur Rural, Jodhpur 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., Jodhpur Rural, Jodhpur to provide protection
to the petitioners deserves to be accepted.
The Superintendent of Police, Jodhpur Rural, Jodhpur 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. Jodhpur Rural, Jodhpur shall ensure that no
harm is caused to the petitioners, who have performed a love
marriage.
(3 of 3) [CRLW-1046/2023]
The criminal writ petition is accordingly disposed of.
A copy of this order be sent to the respondents forthwith.
(KULDEEP MATHUR),J 118-Prashant/-
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