Smt. Sachina Dhakad Daughter Of ... vs State Of Rajasthan ...
2023 Latest Caselaw 6041 Raj/2

[2023:RJ-JP:29637]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

       S.B. Criminal Writ Petition No. 2324/2023

1.     Smt.     Sachina        Dhakad         Daughter        Of   Shri
       Mansingh Dhakad, Wife Of Shri Yogesh Koli,
       Aged About 20 Years, Resident Of Plot No. 58,
       Maruti Nagar, Anand Vihar Sanganer, Jaipur At
       Present Resident Of Village Gudha Aashikpura
       Biwai, Dausa, Rajasthan.
2.     Yogesh Koli Son Of Shri Ramgopal Koli, Aged
       About 21 Years, Resident Of Village Gudha
       Aashikpura Biwai, Dausa, Rajasthan.
                                                         ----Petitioners
                                Versus
1.     State      Of      Rajasthan,          Through          Principal
       Secretary, Department Of Home, Rajasthan.
2.     Inspector General Of Police, Jaipur.
3.     Superintendent Of Police, Dausa, Rajasthan.
4.     Deputy        Commissioner             Of     Police     (East),
       Gopalpura Bypass, Rajasthan.
5.     Station House Officer, Police Station Sanganer,
       Jaipur, Rajasthan.
6.     Station House Officer, Police Station Biwai,
       Dausa, Rajasthan.
7.     Shri Mansingh Dhakad Son Of Shri Badri
       Prasad, Resident Of Plot No. 58, Maruti Nagar,
       Anand Vihar, Sanganer, Jaipur.
                                                   ----Respondents

For Petitioner(s) : Mr. Dharmendra Jain, Adv.

For                      : Mr. Bhawani Shankar Sharma,
Respondent(s)              P.P.

HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order

[2023:RJ-JP:29637] (2 of 3) [CRLW-2324/2023]

16/10/2023

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

before the Superintendent of Police, Dausa,

Rajasthan indicating their concern with the name(s)

of probable assailants.

[2023:RJ-JP:29637] (3 of 3) [CRLW-2324/2023]

If any such representation is moved by the

petitioners, the Superintendent of Police, Dausa,

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' 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 /584

Powered by TCPDF (www.tcpdf.org)