Shankar Lal Choudhary S/O Shri ... vs State Of Rajasthan ...
2023 Latest Caselaw 5566 Raj/2

[2023:RJ-JP:26910]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

       S.B. Criminal Writ Petition No. 2200/2023

1.     Shankar Lal Choudhary S/o Shri Heera Lal
       Choudhary, Aged About 26 Years, R/o Village
       Nahri, Tehsil Uniara, District Tonk, (Raj.).
2.     Suman         Choudhary           D/o       Shri      Chouthmal
       Choudhary, W/o Shankar Lal Choudhary, Aged
       About 21 Years, R/o- Village Ibrahim Nagar,
       Tehsil Uniara, District Tonk(Raj.).
                                                          ----Petitioners
                                 Versus
1.     State       Of    Rajasthan,          Through         Its    Public
       Prosecutor.
2.     The Director General Of Police, Rajasthan,
       P.h.q. Lalkothi, Jaipur (Raj.).
3.     The Superintendent Of Police, Tonk (Raj.).
4.     The Station House Officer (S.h.o.), Police
       Station Sop, District Tonk(Raj.).
5.     Shri Chouthmal Choudhary S/o Shri Surajmal
       Choudhary, (Father Of Petitioner No.2), Aged
       About 55 Years, Resident Of Village Ibrahim
       Nagar, Tehsil Uniara, District Tonk(Raj.).
6.     Smt.      Sampat         Devi      W/o      Shri      Chouthmal
       Choudhary, (Mother Of Petitioner No.2), Aged
       About 52 Years, Resident Of Village Ibrahim
       Nagar, Tehsil Uniara, District Tonk(Raj.).
7.     Shri Mahendra Choudhary S/o Shri Chouthmal
       Choudhary, (Brother Of Petitioner No.2), Aged
       About 20 Years, Resident Of Village Ibrahim
       Nagar, Tehsil Uniara, District Tonk(Raj.).
8.     Shri      Ramsawaroop              Choudhary           S/o    Shri
       Surajmal Choudhary,(Uncle-Tauji Of Petitioner
       No.2), Aged About 60 Years, Resident Of
       Village Ibrahim Nagar, Tehsil Uniara, District




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       Tonk(Raj.).
9.     Kailashi         Devi       W/o         Shri        Ramswaroop
       Choudhary, (Aunty-Taiji Of Petitioner No.2),
       Aged About 55 Years, Resident Of Village
       Ibrahim         Nagar,         Tehsil       Uniara,           District
       Tonk(Raj.).
10.    Shri        Rajendra           Choudhary                S/o        Shri
       Ramswaroop Choudhary, (Cousin Brother Of
       Petitioner        No.2),      Aged       About          24     Years,
       Resident Of Village Ibrahim Nagar, Tehsil
       Uniara, District Tonk(Raj.).
11.    Shri Chotu Choudhary S/o Shri Surajmal
       Choudhary,            (Uncle-Chacha                Of    Petitioner
       No.2), Aged About 45 Years, Resident Of
       Village Ibrahim Nagar, Tehsil Uniara, District
       Tonk(Raj.).
12.    Smt. Shanti Devi W/o Shri Chotu Choudhary,
       (Aunty-Chachi Of Petitioner No.2), Aged About
       42 Years, Resident Of Village Ibrahim Nagar,
       Tehsil Uniara, District Tonk(Raj.).
                                                    ----Respondents

For Petitioner(s) : Mr. Pallav Jhalani, Adv., for Mr. Anshuman Saxena, Adv.

For                        : Mr. Bhawani Shankar Sharma,
Respondent(s)                P.P.

HON'BLE MR. JUSTICE UMA SHANKER VYAS

Judgment / Order

05/10/2023

The petitioners have preferred the present writ

petition under Article 226 of the Constitution of India

for issuance of necessary directions to the

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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, Tonk (Rajasthan)

indicating their concern with the name(s) of probable

assailants.

If any such representation is moved by the

petitioners, the Superintendent of Police, Tonk

(Rajasthan) shall consider the same and after

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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 /575

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