Kumkum vs State Of Rajasthan (2023:Rj-Jd:42887)
2023 Latest Caselaw 10533 Raj

Rajasthan High Court - Jodhpur

Kumkum vs State Of Rajasthan (2023:Rj-Jd:42887) on 8 December, 2023

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2023:RJ-JD:42887]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Writ Petition No. 2045/2023

1.       Kumkum W/o Shri Hitesh Talwar D/o Shri Sampta Raj
         Nainiwal, Aged About 18 Years, R/o Khatiko Ka Bass,
         Khariya Meethapur, Jodhpur,raj.
2.       Hitesh Talwar S/o Shri Suresh Talwar, Aged About 25
         Years, R/o Chamunda Colony, D Road, Bilara, Jodhpur,raj.
                                                                   ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through Chief Secretary, Ministry Of
         Home Affairs, Jaipur,raj.
2.       The Police Commissioner, Jodhpur, Raj.
3.       The Superintendent Of Police, Jodhpur Rural, Raj.
4.       The Station House Officer, P.s. Bilara, Dist. Jodhpur,raj.
5.       Sampat Raj Nainiwal S/o Shri Birsa Ram, R/o Khatiko Ka
         Bass, Khariya Meethapur, Jodhpur,raj.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Zafar Khan.
For Respondent(s)         :     Mr. S.K. Bhati, PP.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

08/12/2023

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.

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 respondent No.5. The

petitioners allegedly approached the respondent police authorities

[2023:RJ-JD:42887] (2 of 2) [CRLW-2045/2023]

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 concerned respondent authority to

provide protection to the petitioners, deserves to be accepted.

The concerned respondent authority shall have the matter

enquired into and if so required, appropriate protection shall be

provided to the petitioners as and when warranted. The concerned

respondent authority shall ensure that no harm is caused to the

petitioners, who have performed a love marriage.

The criminal writ petition is accordingly disposed of.

(KULDEEP MATHUR), J.

568-Tikam/-

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