Rajasthan High Court
Anjana Gurjar Wife Of Kamlesh ... vs State Of Rajasthan ... on 18 October, 2023
Bench: Uma Shanker Vyas
[2023:RJ-JP:30442]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 2350/2023
1. Anjana Gurjar Wife Of Kamlesh Saini D/o Om
Prakash Gurjar, Aged About 18 Years, R/o
Kalyanpura Kalan, Tehsil Kotputali, District
Kotputali Behror (Raj), At Present R/o Ward
No. 7, Dhani Kheta Ka Wali, Natha Ki Nangal,
Tehsil And District Neem Ka Thana (Raj.).
2. Kamlesh Saini Son Of Leela Ram Saini, Aged
About 23 Years, R/o Ward No. 7, Dhani Kheta
Ka Wali, Natha Ki Nangal, Tehsil And District
Neem Ka Thana (Raj.)
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Superintendent Of Police, District Neem Ka
Thana.
3. S.h.o. P.s. Patan, District Neem Ka Thana.
4. Superintendent Of Police, District Kotputli
Beharor.
5. S.h.o. Kotputli, District Kotputli Beharor.
6. Om Prakash Gurjar Son Of Chhotulal Gurjar,
R/o Kalyanpura Kalan, Tehsil Kotputali, District
Kotputali Behror (Raj.)
7. Suresh Gurjar S/o Rajendra Kumar, R/o
Kalyanpura Kalan, Tehsil Kotputali, District
Kotputali Behror (Raj.)
8. Ankit Tanwar Son Of Anil Tanwar, R/o
Ganeshwar, Tehsil And District Neem Ka
Thana (Raj.)
----Respondents
For Petitioner(s) : Mr. Deshraj Kalwania, Adv.
[2023:RJ-JP:30442] (2 of 3) [CRLW-2350/2023]
For : Mr. Bhawani Shankar Sharma,
Respondent(s) P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Judgment / Order
18/10/2023
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:30442] (3 of 3) [CRLW-2350/2023]
perception about their life and liberty from their
relatives, they may move appropriate representation
before the Superintendent of Police, District Neem Ka
Thana indicating their concern with the name(s) of
probable assailants.
If any such representation is moved by the
petitioners, the Superintendent of Police, District
Neem Ka Thana 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 /616
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