Mamta Sen vs State Of Rajasthan (2023:Rj-Jd:43355)
2023 Latest Caselaw 10588 Raj

Rajasthan High Court - Jodhpur

Mamta Sen vs State Of Rajasthan (2023:Rj-Jd:43355) on 12 December, 2023

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2023:RJ-JD:43355]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Writ Petition No. 2059/2023

1.       Mamta Sen D/o Shyam Lal Sen, Aged About 27 Years, R/o
         Gilund, Railmagra, Dist. Rajsamand
2.       Rahul Sen S/o Roshan Lal Sen, Aged About 34 Years, R/o
         Somani Mohalla, Raipur,dist. Bhilwara
                                                                    ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through Chief Secretary, Ministry Of
         Home Affairs, Jaipur,raj.
2.       The Superintendent Of Police, Rajsamand
3.       The Station House Officer, P.s. Railmagra, Rajsamand
4.       Shyam Lal Sen S/o Bheru Lal Sen, R/o Village Potla,
         Tehsil Salwada, Dist. Bhilwara
5.       Tejpal Sen S/o Shyam Lal Sen, R/o Village Potla, Tehsil
         Salwada, Dist. Bhilwara
6.       Pushpa Sen W/o Shyam Lal Sen, R/o Village Potla, Tehsil
         Salwada, Dist. Bhilwara
7.       Kamlesh     Sen   S/o      Ram      Ji    Sen,     R/o    Gulund,    Dist.
         Rajsamand
                                                                  ----Respondents


For Petitioner(s)          :    :Mr. Avinash Bhati.
For Respondent(s)          :    Mr. Mahipal Bishnoi, P.P.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

12/12/2023

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 be in a live

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

[2023:RJ-JD:43355] (2 of 2) [CRLW-2059/2023]

against the wishes of their parents and thus, they feel threat at

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

petitioners allegedly approached the Superintendent of Police,

Rajsamand 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., Rajsamand

to provide protection to the petitioners deserves to be accepted.

The Superintendent of Police, Rajsamand 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. Rajsamand 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.

(KULDEEP MATHUR), J.

532-AbhishekK/-

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