Smt. Mithalesh Saini Daughter Of ... vs State Of Rajasthan ...
2023 Latest Caselaw 5569 Raj/2

[2023:RJ-JP:26901]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

       S.B. Criminal Writ Petition No. 2196/2023

1.     Smt. Mithalesh Saini Daughter Of Shri Hari
       Charan Saini, Wife Of Shri Vishnu Saini, Aged
       About 18 Years, Resident Of Tajpura Road,
       Tulsyapura, Mahu Kalan, Gangapurcity, At
       Present Resident Of Kala Kakra Ki Dhani,
       Rajoli, Tehsil Lalsot, District Dausa (Raj.),
2.     Vishnu Saini Son Of Shri Ramphool Saini,
       Aged About 22 Years, Resident Of Kala Kakra
       Ki Dhani, Rajoli, Tehsil Lalsot, District Dausa
       (Raj.)
                                                         ----Petitioners
                                Versus
1.     State Of Rajasthan, Through P.p.
2.     The Director General Of Police, Police Head
       Quarter, Lal Kothi, Jaipur (Raj.)
3.     Superintendent Of Police, Jaipur Rural, Jaipur
       (Raj.)
4.     Superintendent           Of     Police,      Dausa,      District
       Dausa (Raj.)
5.     The Station House Officer, Police Station
       Lalsot, District Dausa (Raj.)
6.     Rishiraj Son Of Shri Badri Lal, Resident Of
       Tuljapura, Tajpura Road, Mahukalan, District
       Gangapurcity (Raj.)
7.     Hukamraj Son Of Shri Badri Lal, Resident Of
       Tuljapura, Tajpura Road, Mahukalan, District
       Gangapurcity (Raj.)
8.     Shivdayal Son Of Shri Badri Lal, Resident Of
       Tuljapura, Tajpura Road, Mahukalan, District
       Gangapurcity (Raj.)
9.     Ramraj Son Of Shri Jay Narayan, Resident Of
       Tuljapura, Tajpura Road, Mahukalan, District



             (Downloaded on 11/11/2023 at 08:33:08 PM)
 [2023:RJ-JP:26901]              (2 of 4)                 [CRLW-2196/2023]


       Gangapurcity (Raj.)
10.    Dinesh Son Of Shri Bholaram, Resident Of
       Tuljapura, Tajpura Road, Mahukalan, District
       Gangapurcity (Raj.)
11.    Neeraj Son Of Shri Hari Charan, Resident Of
       Tuljapura, Tajpura Road, Mahukalan, District
       Gangapurcity (Raj.)
12.    Arvind Son Of Shri Manohar, Resident Of
       Tuljapura, Tajpura Road, Mahukalan, District
       Gangapurcity (Raj.)
13.    Hari Charan Son Of Shri Badri Lal, Resident Of
       Tuljapura, Tajpura Road, Mahukalan, District
       Gangapurcity (Raj.)
14.    Bablu Son Of Unknown, Resident Of Tuljapura,
       Tajpura            Road,          Mahukalan,             District
       Gangapurcity (Raj.)
15.    Ratan Lal Son Of Unknown, Resident Of Jat
       Baroda,       Tehsil      And       District      Gangapurcity
       (Raj.)
                                                   ----Respondents

For Petitioner(s) : Mr. Anil Kumar Sharma, 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

respondent authorities to provide adequate security

[2023:RJ-JP:26901] (3 of 4) [CRLW-2196/2023]

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, Dausa, District

Dausa (Rajasthan) indicating their concern with the

name(s) of probable assailants.

If any such representation is moved by the

petitioners, the Superintendent of Police, Dausa,

District Dausa (Rajasthan) shall consider the same

and after analysing the factual situation pass

[2023:RJ-JP:26901] (4 of 4) [CRLW-2196/2023]

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 /572

Powered by TCPDF (www.tcpdf.org)