Citation : 2023 Latest Caselaw 4500 Raj/2
Judgement Date : 2 September, 2023
[2023:RJ-JP:20605]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 1990/2023
1. Ms Reena Kumari W/o Pramod Mahala, D/o
Vijay Singh, Aged About 22 Years, R/o
Shobha Ka Bas, Jhunjhunu, Rajasthan At
Present Ward No.- 11, Shobha Ka Bass,
Ladusar, Jhunjhunu, Rajasthan.
2. Mr. Pramod Mahala S/o Mr. Tara Chand
Mahala, Aged About 25 Years, R/o Ward No.-
11, Shobha Ka Bass, Ladusar, Jhunjhunu,
Rajasthan. (333011)
----Petitioners
Versus
1. State Of Rajasthan, Through The Principal
Secretary, Department Of Home, Government
Secretariat, Jaipur (Raj.).
2. The Director General Of Police, Rajasthan
Police, Jaipur (Raj.).
3. Superintendent Of Police, Jhunjhunu, Office
Superintendent Of Police, Jhunjhunu,
Rajasthan.
4. Superintendent Of Police, District Churu,
Office Of Superintendent Of Police, District
Churu, Rajasthan.
5. Station House Officer, Police Station Dhanuri,
Jhunjhunu, (Raj.)
6. Vijay Singh S/o Gopal, Aged About 45 Years,
R/o Shobha Ka Bas, Ladusar, Jhunjhunu,
Rajasthan.
7. Sulochna Devi D/o Shichand, Aged About 40
Years, R/o Shobha Ka Bas, Ladusar,
Jhunjhunu, Rajasthan.
8. Surendra S/o Gopal, Aged About 41 Years,
R/o Shobha Ka Bas, Ladusar, Jhunjhunu,
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[2023:RJ-JP:20605] (2 of 5) [CRLW-1990/2023]
Rajasthan.
9. Subhita D/o Srichand, Aged About 39 Years,
R/o Shobha Ka Bas, Ladusar, Jhunjhunu,
Rajasthan.
10. Sumit S/o Surendra, Aged About 24 Years,
R/o Shobha Ka Bas, Ladusar, Jhunjhunu,
Rajasthan.
11. Pooja D/o Surendra, Aged About 26 Years,
R/o Shobha Ka Bas, Ladusar, Jhunjhunu,
Rajasthan.
12. Ankit S/o Vijay Singh, Aged About 29 Years,
R/o Shobha Ka Bas, Ladusar, Jhunjhunu,
Rajasthan.
13. Sunita D/o Balveer Singh, Aged About 28
Years, R/o Shobha Ka Bas, Ladusar,
Jhunjhunu, Rajasthan.
14. Vikas S/o Pratap, Aged About 32 Years, R/o
Shobha Ka Bas, Ladusar, Jhunjhunu,
Rajasthan.
15. Rajkumar S/o Sohanlal, Aged About 48 Years,
R/o Shobha Ka Bas, Ladusar, Jhunjhunu,
Rajasthan.
16. Sanjay S/o Rajkumar, Aged About 30 Years,
R/o Shobha Ka Bas, Ladusar, Jhunjhunu,
Rajasthan.
17. Ajay S/o Rajkumar, Aged About 28 Years, R/o
Shobha Ka Bas, Ladusar, Jhunjhunu,
Rajasthan.
18. Pratap S/o Sohanlal, Aged About 55 Years,
R/o Shobha Ka Bas, Ladusar, Jhunjhunu,
Rajasthan.
19. Vikas S/o Rajkumar, Aged About 29 Years,
R/o Lilavati, Dist. Churu, Rajasthan.
20. Hawai Singh S/o Srichand, Aged About 41
Years, R/o Chota Lohsana, Dist. Churu,
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[2023:RJ-JP:20605] (3 of 5) [CRLW-1990/2023]
Rajasthan.
21. Dalip S/o Srichand, Aged About 39 Years, R/o
Chota Lohsana, Dist. Churu, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Majhar Hussain, Adv. For : Mr. Yashwant Kankhediya, P.P. Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Judgment / Order
02/09/2023
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.
[2023:RJ-JP:20605] (4 of 5) [CRLW-1990/2023]
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, Jhunjhunu,
Office Superintendent of Police, Jhunjhunu, Rajasthan
indicating their concern with the name(s) of probable
assailants.
If any such representation is moved by the
petitioners, the Superintendent of Police, Jhunjhunu,
Office Superintendent of Police, Jhunjhunu, Rajasthan
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.
[2023:RJ-JP:20605] (5 of 5) [CRLW-1990/2023]
With these observations, this criminal writ
petition is disposed of.
The stay application also stands disposed of
accordingly.
(UMA SHANKER VYAS),J
DANISH USMANI /567
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