Smt. Harshita Jain vs State Of Rajasthan ...
2023 Latest Caselaw 8994 Raj

[2023:RJ-JD:37453]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 1835/2023

1. Smt. Harshita Jain W/o Shri Abhishek Jain, Aged About 20 Years, D/o Shri Dharmendra Jain, R/o Sadar Bazar, Gura Gali, Jaitaran, Dist. Pali.

2. Shri Abhishek Jain S/o Shri Rajendra Jain, Aged About 21 Years, R/o Sadar Bazar, Gura Gali, Jaitaran, Dist. Pali.

----Petitioners Versus

1. State Of Rajasthan, Through Chief Secretary, Ministry Of Home Affairs, Jaipur (Raj.)

2. The Police Commissioner, Jodhpur.

3. The S.h.o. Of Police Station Sadar, Kotwali, Jodhpur Metro.

4. Dharmandra Jain S/o Shri Bhabhutmal Kagot, R/o Alay Ki Haveli, Ajay Chowk, Bagar, Jodhpur.

5. Mamta Jain W/o Shri Dharmendra Jain, R/o Alay Ki Haveli, Ajay Chowk, Bagar, Jodhpur.

6. Ronak Jain S/o Sunil Yati, R/o Alay Ki Haveli, Ajay Chowk, Bagar, Jodhpur.

7. Raksha Jain W/o Ronak Jain, W/o Dhana Ram Soni, R/o Alay Ki Haveli, Ajay Chowk, Bagar, Jodhpur.

----Respondents

For Petitioner(s) : Mr. Kaluram Bhati. For Respondent(s) : Mr. S.K. Bhati, P.P.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

02/11/2023 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.

[2023:RJ-JD:37453] (2 of 2) [CRLW-1835/2023]

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 private respondents, who are

their relatives. The petitioners allegedly approached the

Commissioner of Police, Jodhpur 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 Commissioner of Police, Jodhpur to provide

protection to the petitioners deserves to be accepted.

The Commissioner of Police, Jodhpur shall have the matter

enquired into and if so required, appropriate protection shall be

provided to the petitioners as and when warranted. The

Commissioner of Police, Jodhpur 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 778-prashant/-

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