Citation : 2023 Latest Caselaw 5629 Raj/2
Judgement Date : 6 October, 2023
[2023:RJ-JP:27294]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 2207/2023
1. Pooja Gurjar Daughter Of Sampat Ram Gurjar,
Aged About 18 Years, R/o Pahari, District
Alwar (Rajasthan). Presently R/o Ward No.
23, Rampur, Bansur, District Alwar
(Rajasthan).
2. Sarjeet Saini Son Of Prasadi Lal Saini, Aged
About 24 Years, R/o Ward No. 23, Rampur,
Bansur, District Alwar (Rajasthan).
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary Home
Department, Government Of Rajasthan,
Jaipur, Through P.p.
2. Superintendent Of Police, Alwar.
3. S.h.o. Police Station Behror, District Alwar,
Rajasthan.
4. S.h.o. Police Station Bansur, District Alwar,
Rajasthan.
5. Sampat Ram Gurjar S/o Sriram Gurjar, R/o
Village Pahari, District Alwar (Raj).
6. Ballu Gurjar S/o Sriram Gujar, R/o Village
Pahari, District Alwar (Raj).
7. Raju Gurjar S/o Khusiram, R/o Village Pahari,
District Alwar (Raj).
8. Rakesh Gujra S/o Khusiram, R/o Village
Pahari, District Alwar (Raj).
----Respondents
For Petitioner(s) : Mr. B.M. Gurjar, Adv.
For : Mr. Bhawani Shankar Sharma, Respondent(s) P.P. [2023:RJ-JP:27294] (2 of 3) [CRLW-2207/2023]
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Judgment / Order
06/10/2023
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
[2023:RJ-JP:27294] (3 of 3) [CRLW-2207/2023]
before the Superintendent of Police, Alwar indicating
their concern with the name(s) of probable
assailants.
If any such representation is moved by the
petitioners, the Superintendent of Police, Alwar 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 /537
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