Rajasthan High Court
Ramghani Saini D/O Jagdish Mali, ... vs State Of Rajasthan ... on 5 October, 2023
Bench: Uma Shanker Vyas
[2023:RJ-JP:26907]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 2199/2023
1. Ramghani Saini D/o Jagdish Mali, W/o
Siyaram Saini, R/o- Sugaliya Ki Dhani, Dooni,
Tonk, Rajasthan
2. Siyaram Saini, S/o Lalu Lal Saini, R/o Gothra,
Bundi, Rajasthan
----Petitioners
Versus
1. State Of Rajasthan, Through Principal
Secretary, Home Department, Government
Secretariat, Jaipur
2. The Director General Of Police, Rajasthan,
Jaipur
3. Superintendent Of Police, District Tonk
4. Superintendent Of Police, District Bundi
5. S.h.o., Police Station, Dooni, Tonk
6. S.h.o., Police Station, Dablana Bundi
7. Jagdish Mali, S/o Chhotu Lal, R/o Sugaliya Ki
Dhani, Dooni, Tonk, Rajasthan
8. Ratan Saini, S/o Jagdish Mali, R/o Sugaliya Ki
Dhani, Dooni, Tonk, Rajasthan
9. Nathu Saini, S/o Jagdish Mali, R/o Sugaliya Ki
Dhani, Dooni, Tonk, Rajasthan
10. Ramdev Mali, R/o Sugaliya Ki Dhani, Dooni,
Tonk, Rajasthan
----Respondents
For Petitioner(s) : Mr. Pushpendra Sharma, Adv.
For : Mr. Bhawani Shankar Sharma,
Respondent(s) P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS
[2023:RJ-JP:26907] (2 of 3) [CRLW-2199/2023]
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
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 Bundi
[2023:RJ-JP:26907] (3 of 3) [CRLW-2199/2023]
indicating their concern with the name(s) of probable
assailants.
If any such representation is moved by the
petitioners, the Superintendent of Police, District
Bundi 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 /574
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