Rajasthan High Court
Smt. Gudi Wife Of Shri Mahesh Kumar ... vs State Of Rajasthan ... on 18 October, 2023
Bench: Uma Shanker Vyas
[2023:RJ-JP:30441]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 2344/2023
1. Smt. Gudi Wife Of Shri Mahesh Kumar D/o
Shri Ummedaram, Aged About 19 Years, R/o
Dudi Nagar @ Bhakti Nagar, Gorchiya Ka
Bera, Aau, District Jodhpur At Present R/o A-
94, F-1, Sunrise Enclave, Sriniwas Nagar,
Murlipura, Jaipur.
2. Mahesh Kumar Son Of Maniram, Aged About
34 Years, R/o 7/44, Vidhyadhar Nagar, Jaipur
At Present A-94, F-1, Sunrise Enclave,
Sriniwas Nagar, Murlipura, Jaipur.
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary, Home
Department, Govt. Of Rajasthan, Secretariat,
Jaipur.
2. Dy. Commissioner Of Police, Jaipur City West.
3. S.h.o., Police Station Murlipura, Jaipur City
West.
4. Ummedaram Son Of Shri Jetharam ( Father Of
Petitioner No. 1), R/o Dudi Nagar @ Bhakti
Nagar, Gordhhiyon Ka Bera, Near Bhado
School, Tehsil Aau, District Jodhpur.
5. Dharma Son Of Shri Jetharam ( Uncle Of
Petitioner No. 1), R/o Dudi Nagar @ Bhakti
Nagar, Gordhhiyon Ka Bera, Near Bhado
School, Tehsil Aau, District Jodhpur.
6. Madan Lal Son Of Shri Jetharam ( Uncle Of
Petitioner No. 1), R/o Dudi Nagar @ Bhakti
Nagar, Gordhhiyon Ka Bera, Near Bhado
School, Tehsil Aau, District Jodhpur.
7. Badriram Son Of Shri Jetharam ( Uncle Of
Petitioner No. 1), R/o Dudi Nagar @ Bhakti
Nagar, Gordhhiyon Ka Bera, Near Bhado
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[2023:RJ-JP:30441] (2 of 4) [CRLW-2344/2023]
School, Tehsil Aau, District Jodhpur.
8. Sheraram Son Of Shri Jetharam ( Uncle Of
Petitioenr No. 1), R/o Dudi Nagar @ Bhakti
Nagar, Gordhhiyon Ka Bera, Near Bhado
School, Tehsil Aau, District Jodhpur.
9. Lumbaram Son Of Shri Jetharam ( Uncle Of
Petitioner No. 1), R/o Dudi Nagar @ Bhakti
Nagar, Gordhhiyon Ka Bera, Near Bhado
School, Tehsil Aau, District Jodhpur.
10. Pukhraj Son Of Bhairaram ( Uncle Of
Petitioner No. 1), R/o Dudi Nagar @ Bhakti
Nagar, Gordhhiyon Ka Bera, Near Bhado
School, Tehsil Aau, District Jodhpur.
11. Subhash Son Of Ummedaram ( Brother Of
Petitioner No. 1), R/o Dudi Nagar @ Bhakti
Nagar, Gordhhiyon Ka Bera, Near Bhado
School, Tehsil Aau, District Jodhpur.
12. Bheemaram Son Of Ummedaram ( Brother Of
Petitioner No. 1), R/o Dudi Nagar @ Bhakti
Nagar, Gordhhiyon Ka Bera, Near Bhado
School, Tehsil Aau, District Jodhpur.
13. Govind Ram Son Of Ummedaram ( Brother Of
Petitioner No. 1), R/o Dudi Nagar @ Bhakti
Nagar, Gordhhiyon Ka Bera, Near Bhado
School, Tehsil Aau, District Jodhpur.
14. Lalaram Son Of Ummedaram ( Brother Of
Petitioner No. 1), R/o Dudi Nagar @ Bhakti
Nagar, Gordhhiyon Ka Bera, Near Bhado
School, Tehsil Aau, District Jodhpur.
----Respondents
For Petitioner(s) : Mr. Sanjay Sharma, Adv.
For : Mr. Bhawani Shankar Sharma,
Respondent(s) P.P.
[2023:RJ-JP:30441] (3 of 4) [CRLW-2344/2023]
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
perception about their life and liberty from their
relatives, they may move appropriate representation
[2023:RJ-JP:30441] (4 of 4) [CRLW-2344/2023]
before the S.H.O., Police Station Murlipura, Jaipur
City West indicating their concern with the name(s)
of probable assailants.
If any such representation is moved by the
petitioners, the S.H.O., Police Station Murlipura,
Jaipur City West 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 /612
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