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Chanchal Gupta Daughter Of Shri Om ... vs State Of Rajasthan ...
2023 Latest Caselaw 5801 Raj/2

Citation : 2023 Latest Caselaw 5801 Raj/2
Judgement Date : 10 October, 2023

Rajasthan High Court
Chanchal Gupta Daughter Of Shri Om ... vs State Of Rajasthan ... on 10 October, 2023
Bench: Uma Shanker Vyas
[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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