Citation : 2023 Latest Caselaw 5770 Raj/2
Judgement Date : 9 October, 2023
[2023:RJ-JP:27950]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 2231/2023
1. Chandani Kumari Daughter Of Parmeshwar
Sahani, Aged About 18 Years, Resident Of
Village Post Manganpur, Tehsil Bhagwanpur
District Vaishali, Bihar, Presently Residing At
Govindpura, Yadavo Ki Dhani, Sanganer,
District Jaipur (Raj.)
2. Mohammad Aftab Son Of Mohammad Anwar,
Aged About 21 Years, Resident Of Village Post
Bishanpur Bedaulia, Tehsil Jandaha, District
Vaishali, (Bihar). Presently Residing At
Govindpura, Yadavo Ki Dhani, Sanganer,
District Jaipur (Raj.)
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Superintendent Of Police, District Jaipur,
(Rajasthan).
3. Superintendent Of Police, District Vaishali,
(Bihar).
4. S.h.o. Police Station Malpura Gate, District
Jaipur, (Rajasthan).
5. S.h.o. Police Station Gorol, District Vaishali,
(Bihar).
6. Parmeshwar Sahani Son Of Laxman Sahani.,
Resident Of Village Post Manganpur, Tehsil
Bhagwanpur, Police Station Gorol, District
Vaishali, Bihar.
7. Indu Devi Wife Of Parmeshwar Sahani,
Resident Of Village Post Manganpur, Tehsil
Bhagwanpur, Police Station Gorol, District
Vaishali, Bihar.
8. Raguvansh Sahni Son Of Jamadeer Sahni.,
(Downloaded on 11/11/2023 at 08:39:59 PM)
[2023:RJ-JP:27950] (2 of 4) [CRLW-2231/2023]
Resident Of Village Bidarpulia, Police Station
Jandaha, District Vaishali, Bihar.
9. Ashok Sahni Son Of Jamadeer Sahni.,
Resident Of Village Bidarpulia, Police Station
Jandaha, District Vaishali, Bihar.
10. Rajkumar Sahni Son Of Jamadeer Sahni.,
Resident Of Village Bidarpulia, Police Station
Jandaha, District Vaishali, Bihar.
----Respondents
For Petitioner(s) : Mr. Aslam S. Khan, Adv.
For : Mr. Imran Khan, P.P. Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Judgment / Order
09/10/2023
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 to their life and liberty at the hands of private
respondent(s).
Learned counsel for the petitioners submits that
the petitioners are above 18 years of age and are in
a live-in-relationship. But such relationship is not
acceptable to their family members/society and they
have threatened them of dire consequences.
[2023:RJ-JP:27950] (3 of 4) [CRLW-2231/2023]
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 Jaipur,
(Rajasthan) indicating their concern with the name(s)
of probable assailants.
If any such representation is moved by the
petitioners, the Superintendent of Police, District
Jaipur, (Rajasthan) 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' live-in
relationship 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.
[2023:RJ-JP:27950] (4 of 4) [CRLW-2231/2023]
With these observations, this criminal writ
petition is disposed of.
(UMA SHANKER VYAS),J
DANISH USMANI /614
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