Payal Gurjar vs State Of Rajasthan (2023:Rj-Jd:43354)
2023 Latest Caselaw 10618 Raj

Rajasthan High Court - Jodhpur

Payal Gurjar vs State Of Rajasthan (2023:Rj-Jd:43354) on 12 December, 2023

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2023:RJ-JD:43354]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Writ Petition No. 1985/2023

Payal Gurjar D/o Ram Lal Gurjar, Aged About 19 Years, R/o
Naliya Kheda, Dungla, Dist. Chittorgarh (Raj.)
                                                                         ----Petitioner
                                         Versus
1.       State       Of    Rajasthan,          Through          Principal   Secretary,
         Department Of Home Affairs, Government Secretariat,
         Jaipur, Rajasthan.
2.       The Superintendent Of Police, Dist. Chittorgarh.
3.       The Station House Office, Police Station Dungla, Dist.
         Chittorgarh.
4.       Ram Lal Gurjar S/o Kaluram, R/o Naliya Kheda, Dungla,
         Dist. Chittorgarh (Raj.)
5.       Mangi Bai W/o Ram Lal Gurjar, R/o Naliya Kheda, Dungla,
         Dist. Chittorgarh (Raj.)
                                                                      ----Respondents


For Petitioner(s)              :     Mr. Bharat Shrimali.
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

petitioner under Article 226 of the Constitution of India seeking

direction for being provided with adequate security and protection.

The petitioner is a 19 year adolescent who was married at a

young age by her parents against her wishes.

The petitioner is desirous of pursuing higher studies and had

also returned to her maternal home after being meted with

harassment at the hands of her in-laws. Despite her protests, she

[2023:RJ-JD:43354] (2 of 2) [CRLW-1985/2023]

is being pressurized by her parents to go back to the house of her

in-laws, while she wishes to pursue further education. The

petitioner allegedly approached the Superintendent of Police,

Chittorgarh with a prayer to be provided with adequate protection

but no heed has been paid to her request so far.

The documents regarding her identification and personal and

educational details along with the receipt of a representation being

sent to Superintendent of Police, Chittorgarh as a proof 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

petitioner for directing the S.P., Chittorgarh to provide protection

to the petitioner deserves to be accepted.

The Superintendent of Police, Chittorgarh shall have the

matter enquired into and if so required, appropriate protection

shall be provided to the petitioner as and when warranted. The

S.P. Chittorgarh shall ensure that no harm is caused to the

petitioner, who has faced harassment at the hands of her parents

and in-laws.

The criminal writ petition is accordingly disposed of.

(KULDEEP MATHUR), J.

531-AbhishekK/-

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