Citation : 2023 Latest Caselaw 6340 Raj/2
Judgement Date : 31 October, 2023
[2023:RJ-JP:32038]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 2433/2023
1. Maya Kalyan D/o Shri Nandlal, W/o Vijay
Kumar, Aged About 20 Years, R/o Ward No.09,
Indrapura, Jhunjhunu (Raj.) Presently
Residing At Jaitpura, Tehsil Udaipurwati,
District Jhunjhunu (Raj.).
2. Vijay Kumar Son Of Shri Sitaram, Aged About
21 Years, Resident Of Jaitpura, Tehsil
Udaipurwati, District Jhunjhunu (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary, Home
Department, Secretariat, Jaipur.
2. Superintendent Of Police, Jhunjhunu.
3. S.h.o., Police Station Udaipurwati, District
Jhunjhunu (Raj.).
4. Nandlal Son Of Shri Girdharlal, R/o Ward
No.09, Indrapura, Jhunjhunu (Raj.)
5. Sumitra Devi Wife Of Shri Nandlal, R/o Ward
No.09, Indrapura, Jhunjhunu (Raj.)
6. Anil Son Of Shri Sadulram, R/o Ward No.09,
Indrapura, Jhunjhunu (Raj.)
7. Omprakash Son Of Shri Shishpal, R/o
Dhamora, Tehsil Nawalgarh, District
Jhunjhunu (Raj.).
8. Jagdev Son Of Shri Omprakash, R/o
Dhamora, Tehsil Nawalgarh, District
Jhunjhunu (Raj.).
9. Vinod Son Of Shri Omprakash, R/o Dhamora,
Tehsil Nawalgarh, District Jhunjhunu (Raj.).
----Respondents
[2023:RJ-JP:32038] (2 of 3) [CRLW-2433/2023]
For Petitioner(s) : Mr. Hem Singh, Adv.
For : Mr. Bhawani Shankar Sharma, Respondent(s) P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Judgment / Order
31/10/2023
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
[2023:RJ-JP:32038] (3 of 3) [CRLW-2433/2023]
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, 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 /745
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