Rajasthan High Court
Shabanam Banu W/O Late Irfan vs State Of Rajasthan ... on 18 October, 2023
Bench: Uma Shanker Vyas
[2023:RJ-JP:30440]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 2343/2023
1. Shabanam Banu W/o Late Irfan, Aged About
32 Years, R/o Khidaki Ke Balaji Ke Pass,
Todaraisingh, Tonk (Raj). Presently Residing
At Khidaki Ke Balaji Ke Pass, Todaraisingh,
Tonk (Raj).
2. Tipu Sultan S/o Allauddin, Aged About 31
Years, R/o Ward No. 18, Gucchi Mohalla,
Todaraisingh, Tonk, Rajasthan. Presently
Residing At Khidaki Ke Balaji Ke Pass,
Todaraisingh, Tonk (Raj).
----Petitioners
Versus
1. State Of Rajasthan, Through The Principal
Secretary, Department Of Home, Government
Secretariat, Jaipur (Raj).
2. Inspector General Of Police, Range Ajmer .
3. The Superintendent Of Police, District Kekri.
4. Station House Officer, Police Station
Todaraisingh, District Kekri.
5. Abul Hakim S/o Bhura Shah, Aged About 75
Years, R/o Guchi Mohalla, Todaraisingh,
District Kekri.
6. Phula W/o Abdul Hakim, Aged About 72 Years,
R/o Guchi Mohalla, Todaraisingh, District
Kekri.
7. Nawab Fakir S/o Abdul Hakim, Aged About 47
Years, R/o Guchi Mohalla, Todaraisingh,
District Kekri.
8. Israt W/o Nawab Fakir, Aged About 45 Years,
R/o Guchi Mohalla, Todaraisingh, District
Kekri.
9. Hanif S/o Abdul Hakim, Aged About 43 Years,
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[2023:RJ-JP:30440] (2 of 4) [CRLW-2343/2023]
R/o Guchi Mohalla, Todaraisingh, District
Kekri.
10. Rizwana W/o Hanif, Aged About 38 Years, R/o
Guchi Mohalla, Todaraisingh, District Kekri.
11. Naved Khan @ Laddu S/o Nawab Fakir, Aged
About 20 Years, R/o Guchi Mohalla,
Todaraisingh, District Kekri.
----Respondents
For Petitioner(s) : Mr. Hakam Ali, Adv.
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 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:30440] (3 of 4) [CRLW-2343/2023]
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, District Kekri
indicating their concern with the name(s) of probable
assailants.
If any such representation is moved by the
petitioners, the Superintendent of Police, District
Kekri 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:30440] (4 of 4) [CRLW-2343/2023]
With these observations, this criminal writ
petition is disposed of.
The stay application also stands disposed of
accordingly.
(UMA SHANKER VYAS),J
DANISH USMANI /611
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