Nishu Daughter Of Shri Suresh ... vs State Of Rajasthan ...
2023 Latest Caselaw 6048 Raj/2

[2023:RJ-JP:29726]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

       S.B. Criminal Writ Petition No. 2305/2023

1.     Nishu Daughter Of Shri Suresh Kumar Wife Of
       Shri Manoj Kumar, Aged About 23 Years,
       Resident Of Bungi, Tehsil Rajgarh, District
       Churu,        Rajasthan-          331023,          At    Present
       Residing At Ward No. 10, Dindhwa Athuna,
       Tehsil Pilani, District Jhunjnunu, Rajasthan.
2.     Manoj Kumar Son Of Shri Sultana Singh, Aged
       About 29 Years, Resident Of Village Radwa,
       Tehsil    Rajgarh,        District Churu, Rajasthan-
       331023, At Present Residing At Ward No. 10,
       Dindhwa         Athuna,         Tehsil       Pilani,     District
       Jhunjhunu, Rajasthan.
                                                         ----Petitioners
                                Versus
1.     State Of Rajasthan, Through P.p.
2.     The      Principal       Secretary,         Department        Of
       Homes, Secretariat, Jaipur.
3.     The Superintendent Of Police, Jhunjhunu.
4.     The Superintendent Of Police, Churu.
5.     The Station House Officer, Police Station
       Rajgarh, District Churu, Rajasthan.
6.     The Station House Officer, Police Station,
       Pilani, District Jhunjhunu, Rajasthan.
7.     Suresh        Kumar       Son      Of    Shri       Rameshwar,
       Resident Of Bungi, Tehsil Rajgarh, District
       Churu, Rajasthan- 331023.
8.     Suman Wife Of Shri Suresh Kumar, Resident
       Of    Bungi,      Tehsil     Rajgarh,        District    Churu,
       Rajasthan- 331023
                                                   ----Respondents

[2023:RJ-JP:29726] (2 of 3) [CRLW-2305/2023]

For Petitioner(s) : Mr. Shailender Singh Balwada, Adv.

For : Mr. Yashwant Kankhediya, P.P. Respondent(s)

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

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

[2023:RJ-JP:29726] (3 of 3) [CRLW-2305/2023]

perception about their life and liberty from their

relatives, they may move appropriate representation

before the Superintendent of Police, Jhunjhunu

indicating their concern with the name(s) of probable

assailants.

If any such representation is moved by the

petitioners, the Superintendent of Police, Jhunjhunu

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 /577

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