Citation : 2023 Latest Caselaw 5802 Raj/2
Judgement Date : 10 October, 2023
[2023:RJ-JP:28367]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 2246/2023
1. Suman Saini D/o Pritam Saini, Aged About 33
Years, R/o Shaitan Para, Police Station
Bhusawar, District Bharatpur, Presently
Residing At Kasba Kaman, Tehsil Kaman,
District Deeg, Rajasthan.
2. Rakesh S/o Shri Harbhajan Sharma, Aged
About 27 Years, R/o Ambedkar Chowk, Kasba
Kaman, Tehsil Kaman, District Deeg,
Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. The Director General Of Police, Rajasthan,
Jaipur.
3. The Superintendent Of Police, Bharatpur.
4. The Station House Officer, Police Station
Bhusawar, District Bharatpur.
5. The Station House Officer, Police Station
Kaman, District Bharatpur.
6. Devi Singh Saini S/o Unknown, Residing At
Near Tile Wale Hanuman Ji, Balak Das Ki
Bagichi Ke Samne, Krishan Colony, Kaman,
Bharatpur.
7. Ishari Devi W/o Devi Singh Saini, Residing At
Near Tile Wale Hanuman Ji, Balak Das Ki
Bagichi Ke Samne, Krishan Colony, Kaman,
Bharatpur.
8. Rakesh Saini S/o Devi Singh Saini, Residing At
Near Tile Wale Hanuman Ji, Balak Das Ki
Bagichi Ke Samne, Krishan Colony, Kaman,
Bharatpur.
9. Yogesh Saini S/o Devi Singh Saini, Residing At
(Downloaded on 11/11/2023 at 08:42:45 PM)
[2023:RJ-JP:28367] (2 of 4) [CRLW-2246/2023]
Near Tile Wale Hanuman Ji, Balak Das Ki
Bagichi Ke Samne, Krishan Colony, Kaman,
Bharatpur.
10. Mohan Saini S/o Devi Singh Saini, Residing At
Near Tile Wale Hanuman Ji, Balak Das Ki
Bagichi Ke Samne, Krishan Colony, Kaman,
Bharatpur.
----Respondents
For Petitioner(s) : Ms. Jamasi, 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.
[2023:RJ-JP:28367] (3 of 4) [CRLW-2246/2023]
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
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, Bharatpur
indicating their concern with the name(s) of probable
assailants.
If any such representation is moved by the
petitioners, the Superintendent of Police, Bharatpur
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:28367] (4 of 4) [CRLW-2246/2023]
With these observations, this criminal writ
petition is disposed of.
The stay application also stands disposed of
accordingly.
(UMA SHANKER VYAS),J
DANISH USMANI /545
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