Citation : 2023 Latest Caselaw 5801 Raj/2
Judgement Date : 10 October, 2023
[2023:RJ-JP:28371]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 2248/2023
1. Chanchal Gupta Daughter Of Shri Om Prakash
Gupta, Aged About 19 Years, Resident Of 53,
Shiva Colony, Tonk Phatak, Jaipur, At Present
Resident Of Dwarka Residency, Lalarpura,
Gandhi Path West, Vaishali Nagar, Jaipur,
(Raj.)
2. Suraj Saini Son Of Shri Radheyshyam, Aged
About 24 Years, Resident Of 163, Bajrang
Vatika, Purana Bagrana, Agra Road, Jamdoli,
Jaipur (Raj.)
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. The Director General Of Police, Jaipur (Raj.)
3. Commissioner Of Police, Jaipur,
Commissionrate, Jaipur (Raj.)
4. The Station House Officer, Police Station Bajaj
Nagar, District Jaipur (Raj.)
5. The Station House Officer, Police Station Jyoti
Nagar, District Jaipur (Raj.)
6. Om Prakash Gupta Son Of Shri Mool Chand,
Aged About 50 Years, Resident Of Dwarka
Residency, Lalarpura, Gandhi Path West,
Vaishali Nagar, Jaipur, (Raj.)
7. Geeta Gupta Wife Of Om Prakash Gupta, Aged
About 45 Years, Resident Of 53, Shiva Colony,
Tonk Phatak, Jaipur, (Raj.)
8. Sapna Khandelwal Daughter Of Shri Girraj
Gupta, Resident Of Vijaypura Road, Purani
Chungi, Agra Road, Jaipur (Raj.)
9. Divya Gupta Wife Of Om Prakash Gupta, Aged
About 35 Years, Resident Of Dwarka
(Downloaded on 11/11/2023 at 08:42:46 PM)
[2023:RJ-JP:28371] (2 of 3) [CRLW-2248/2023]
Residency, Lalarpura, Gandhi Path West,
Vaishali Nagar, Jaipur, (Raj.)
----Respondents
For Petitioner(s) : Ms. Shivani Sharma, Adv.
For : Mr. Sher Singh Mahala, P.P. Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 10/10/2023
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.
She 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
[2023:RJ-JP:28371] (3 of 3) [CRLW-2248/2023]
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 Station House Officer, Police Station Bajaj
Nagar, District Jaipur (Raj.) indicating their concern
with the name(s) of probable assailants.
If any such representation is moved by the
petitioners, the Station House Officer, Police Station
Bajaj Nagar, District Jaipur (Raj.) 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.
With these observations, this criminal writ
petition is disposed of.
The stay application also stands disposed of
accordingly.
(UMA SHANKER VYAS),J
DANISH USMANI /547
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