Basamma vs State Of Rajasthan
2023 Latest Caselaw 6067 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 1370/2023

1. Basamma D/o Shri Nagaraj, Aged About 18 Years, B/c Maratha, R/o Khanapur (S H), Khanapur (S K) Rukmapur, Yadgir, Shorapur, Karnataka.

2. Mahendra Sankhla S/o Shri Babu Lal, Aged About 27 Years, B/c Mali, R/o Maliyo Ki Dhani Salwa Khurd Pipar Road, Jodhpur.

----Petitioners Versus

1. State Of Rajasthan, Through The Principal Secretary, Home Affairs Department, Government Of Rajasthan, Jaipur.

2. The Superintendent Of Police, Yadgir, Shorapur, Karnataka

3. The Station House Officer, Police Station Shorapur, District Yadgir, Shorapur, Karnataka.

4. Kavita @ Kotaramma W/o Nagaraj, R/o Khanapur (S H) Khanapur (S K) Rukmapur, Yadgir, Shorapur, Karnataka.

5. Ahvini W/o Arun Kumar, R/o Khanapur (S H) Khanapur (S K) Rukmapur, Yadgir, Shorapur, Karnataka.

6. Renuka W/o Nagaraj, R/o Khanapur (S H) Khanapur (S K) Rukmapur, Yadgir, Shorapur, Karnataka.

----Respondents

For Petitioner(s) : Mr. Surendra Singh Choudhary. For Respondent(s) : Mr. Gaurav Singh, P.P.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

18/08/2023

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-1370/2023]

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, Yadgir, Shorapur, Karnataka 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., Yadgir, Shorapur, Karnataka to provide

protection to the petitioners deserves to be accepted.

The Superintendent of Police, Yadgir, Shorapur, Karnataka

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. Yadgir, Shorapur, Karnataka shall ensure that

no harm is caused to the petitioners, who have performed a love

marriage.

The criminal writ petition is accordingly disposed of.

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

(KULDEEP MATHUR),J 609-Prashant/-

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