Rajasthan High Court - Jodhpur
Hemlata Mod vs State Of Rajasthan ... on 6 October, 2023
Bench: Kuldeep Mathur
[2023:RJ-JD:33442]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 1587/2023
1. Hemlata Mod W/o Saya Narain Mod, Aged About 28 Years,
R/o 21, Nearby Sengwa Circle, Chittorgarh, Distt.
Chittorgarh.
2. Rahul Jat S/o Shri Prabhu Lal Jat, Aged About 25 Years,
R/o Rolaheda, Chittorgarh, Dist. Chittorgarh.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Home Affairs, Govt. Of Raj., Jaipur.
2. Superintendent Of Police, Chittorgarh.
3. Sho Of Chittorgarh Sadar Police Station, District
Chittorgarh.
4. Sho Of Chanderia Police Station, District Chittorgarh.
5. Suraj Mod S/o Shri Onkar Lal Mod, R/o Housing Board,
Chittorgarh Sadar Police Station, Chittorgarh.
6. Satya Narain S/o Badri Lal Mod, R/o Sengwa, Housing
Board, Chittorgarh Sadar Police Station, Chittorgarh.
7. Manish Mod S/o Shambhudayal Mod, R/o Sengwa,
Housing Board, Chittorgarh Sadar Police Station,
Chittorgarh.
8. Guddi Mod W/o Satya Narain Mod, R/o Sengwa, Housing
Board, Chittorgarh Sadar Police Station, Chittorgarh.
9. Smt. Naraini Devi W/o Prabhu Lal Choudhary, R/o
Roleheda, Chanderia Police Station, Chittorgarh, Dist.
Chittorgarh.
10. Deepak S/o Prabhu Lal Choudhary, R/o Roleheda,
Chanderia Police Station, Chittorgarh, Dist. Chittorgarh.
11. Smt. Shanta Devi D/o Mathura Lal, R/o Ozadiya Ka Khera,
Chanderia Police Station, Chittorgarh, Dist. Chittorgarh.
----Respondents
For Petitioner(s) : Mr. Neeraj Kumar Gurjar
Mr. Bharat Gurjar
For Respondent(s) : Mr. Shrawan Kumar, P.P.
[2023:RJ-JD:33442] (2 of 3) [CRLW-1587/2023]
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
06/10/2023
The criminal writ petition has been preferred by the
petitioners under Article 226 of the Constitution of India seeking
direction for being provided with adequate security and protection.
The petitioners both being major persons claim to have
performed a love marriage. They submit that the marriage was
performed against the wishes of their parents and thus, they feel
threat to their lives at the hands of private respondents, who are
their relatives. The petitioners allegedly approached the
Superintendent of Police, District Chittorgarh with a prayer to be
provided with adequate protection but no heed has been paid to
their request so far.
The documents pertaining to the age of the petitioners and
the marriage ceremony performed between them have been filed
on record. Thus, taking cue from the judgment rendered by the
Hon'ble Supreme Court in the case of Lata Singh Vs. State of U.P.
Reported in AIR 2006 SC 2522, the prayer made by the petitioners
for directing the Superintendent of Police, District Chittorgarh to
provide protection to the petitioners deserves to be accepted.
The Superintendent of Police, District Chittorgarh shall have
the matter enquired into and if so required, appropriate protection
shall be provided to the petitioners as and when warranted. The
Superintendent of Police, District Chittorgarh shall ensure that no
harm is caused to the petitioners, who have performed a love
marriage.
[2023:RJ-JD:33442] (3 of 3) [CRLW-1587/2023]
The criminal writ petition is accordingly disposed of.
Stay application also stands disposed of.
A copy of this order be sent to the respondents forthwith.
(KULDEEP MATHUR),J
482-Ravi Khandelwal
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