Chand Bay D/O Shri Sumer Singh, W/O ... vs State Of Rajasthan ...
2023 Latest Caselaw 6442 Raj/2

[2023:RJ-JP:32960]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

       S.B. Criminal Writ Petition No. 2466/2023

1.     Chand         Bay D/o       Shri     Sumer Singh,           W/o
       Sharvan Choudhary, Aged About 24 Years,
       R/o Bhawathari, Chirawa District Jhunjhunu At
       Present R/o Gadodiya Ki Dhani, Kumhariyon
       Ka Bas, Tehsil Surajgarh, District Jhunjhunu
2.     Sharvan        Choudhary          S/o     Tarachand,        Aged
       About 34 Years, R/o Gadodiya Ki Dhani,
       Kumhariyon Ka Bas, Tehsil Surajgarh, District
       Jhunjhunu
                                                         ----Petitioners
                                Versus
1.     State      Of      Rajasthan,           Through         Principal
       Secretary, Department Of Home, Govt. Of
       Rajasthan, Secretariat, Jaipur
2.     Superintendent Of Police, District Jhunjhunu
3.     Sho,      Police       Station        Surajgarh,         District
       Jhunjhunu
4.     Sho,      Police        Station        Mandrela,         District
       Jhunjhunu
5.     Sumer         Singh       S/o       Mohar          Singh,    R/o
       Bhawathari, Chirawa District Jhunjhunu.
6.     Suraj         Kumar       S/o      Sumer           Singh,    R/o
       Bhawathari, Chirawa District Jhunjhunu.
7.     Pawan         Kumar        S/o      Mohar          Singh,    R/o
       Bhawathari, Chirawa District Jhunjhunu.
                                                   ----Respondents

For Petitioner(s) : Mr. Ravinder Kumar, Adv.

For                      : Mr. Imran Khan, P.P.
Respondent(s)

HON'BLE MR. JUSTICE UMA SHANKER VYAS

[2023:RJ-JP:32960] (2 of 3) [CRLW-2466/2023]

Judgment / Order

03/11/2023

The petitioners have preferred the present writ

petition under Article 226 of the Constitution of India

for issuance of necessary directions to the

respondent authorities to provide adequate security

and protection to them, as they are facing grave

threat of life and liberty at the hands of private

respondent(s).

Learned counsel for the petitioners submits that

the petitioners are of major age and they solemnized

their marriage of their own free will. However, their

family members are not agreeable to their marriage

and have threatened them of dire consequences.

He prays that adequate police protection be

provided to them.

Though no specific instance or imminent threat

has been pleaded but considering the submissions

made by learned counsel for the petitioners and

having regard to the facts and circumstances of the

case, this Court is of the opinion that if the

petitioners are having any apprehension or threat

perception about their life and liberty from their

relatives, they may move appropriate representation

before the Superintendent of Police, District

[2023:RJ-JP:32960] (3 of 3) [CRLW-2466/2023]

Jhunjhunu indicating their concern with the name(s)

of probable assailants.

If any such representation is moved by the

petitioners, the Superintendent of Police, District

Jhunjhunu shall consider the same and after

analysing the factual situation pass necessary orders

or take action to ward off any untoward incident.

It is hereby clarified that this order may not be

construed to be a validation of petitioners' marriage

and proof of their age. Any observation made herein

shall not affect any criminal or civil proceedings

initiated against the petitioners, at the instance of

their relatives.

With these observations, this criminal writ

petition is disposed of.

The stay application also stands disposed of

accordingly.

(UMA SHANKER VYAS),J

DANISH USMANI /501

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