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Maya Kalyan D/O Shri Nandlal, W/O ... vs State Of Rajasthan ...
2023 Latest Caselaw 6340 Raj/2

Citation : 2023 Latest Caselaw 6340 Raj/2
Judgement Date : 31 October, 2023

Rajasthan High Court
Maya Kalyan D/O Shri Nandlal, W/O ... vs State Of Rajasthan ... on 31 October, 2023
Bench: Uma Shanker Vyas
[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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