Citation : 2023 Latest Caselaw 8284 Raj
Judgement Date : 9 October, 2023
[2023:RJ-JD:34018]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 1074/2023
1. Allarakh S/o Allawar, Aged About 30 Years, B/c Musalman,r/o Ward No. 08,sardargarh,tehsil Suratgarh Dist.sri Ganganagar.
2. Bahasta D/o Rahmat Ali, Aged About 28 Years, W/o Allarakh, R/o Ward No. 08, Anupgarh Dist Sri Ganganagar, At Present R/o Ward No.8 Sardargarh Tehsil Suratgarh Dist. Sri Ganganagar.
----Petitioners Versus
1. State Of Rajasthan, Through Pp
2. Superintendent, Of Police, Dist. Sri Ganganagar.
3. Sho, Police Station Jetser Tehsil Suratgarh Dist.
Sriganganagar.
4. Yusuf S/o Bhadar Khan, B/c Musalim, R/o Sardargarh, Tehsil Suratgarh, Dist. Sriganganagar.
5. Ahemadyar S/o Kande Khan, B/c Musalim, R/o Sardargarh, Tehsil Suratgarh, Dist. Sriganganagar.
6. Ramzan S/o Ahemadyar, B/c Musalim, R/o Sardargarh, Tehsil Suratgarh, Dist. Sriganganagar.
7. Binda S/o Ahemadyar, B/c Musalim, R/o Sardargarh, Tehsil Suratgarh, Dist. Sriganganagar.
8. Zikra S/o Niyaz Khan, B/c Musalim, R/o Sardargarh, Tehsil Suratgarh, Dist. Sriganganagar.
9. Sabaan S/o Niyaz Khan, B/c Musalim, R/o Sardargarh, Tehsil Suratgarh, Dist. Sriganganagar.
10. Kareem S/o Khuda Bux, B/c Musalim, R/o Sardargarh, Tehsil Suratgarh, Dist. Sriganganagar.
11. Barkat Ali S/o Kareem Khan, Aged About 52 Years, B/c Musalim, R/o Sardargarh, Tehsil Suratgarh, Dist. Sriganganagar.
12. Lakha W/o Kareem, Aged About 48 Years, B/c Musalim, R/o Sardargarh, Tehsil Suratgarh, Dist. Sriganganagar.
13. Karma W/o Sheyokat Ali, B/c Musalim, R/o Sardargarh, Tehsil Suratgarh, Dist. Sriganganagar.
----Respondents
[2023:RJ-JD:34018] (2 of 3) [CRLW-1074/2023]
For Petitioner(s) : Mr. Pankaj Kumar Gupta For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
09/10/2023
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 contracted Nikah. They submit that the contracted
Nikah 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
respondent Police Authorities 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 contracted Nikah 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, Sriganganagar to
provide protection to the petitioners deserves to be accepted.
The Superintendent of Police, Sriganganagar 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, Sriganganagar shall ensure that no harm
[2023:RJ-JD:34018] (3 of 3) [CRLW-1074/2023]
is caused to the petitioners, who have performed a contracted
Nikah.
The criminal writ petition is accordingly disposed of.
A copy of this order be sent to the respondents forthwith.
(KULDEEP MATHUR).J 834-KshamaD/-
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