Priyanka Bakoliya Wife Of Banti ... vs State Of Rajasthan ...
2023 Latest Caselaw 4501 Raj/2

[2023:RJ-JP:20606]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

       S.B. Criminal Writ Petition No. 1987/2023

1.     Priyanka Bakoliya Wife Of Banti Widawat D/o
       Gopi Chand Bakoliya, Aged About 23 Years,
       Resident Of B-285, Vijay Nagar-A, Agra Road,
       Jaipur At Present Plot No. 35, Bhawanna
       Nagar, Agra Road, Jaipur.
2.     Banti Widawat Son Of Shri Om Prakash
       Widawat, Aged About 21 Years, Resident Of
       Village Kareda Khurda, Tehsil Niwai District
       Tonk At Present Plot No. 35, Bhawanna Nagar,
       Agra Road, Jaipur.
                                                         ----Petitioners
                                Versus
1.     State      Of     Rajasthan,         Through          Secretary,
       Ministry Of Home, Secretariat, Jaipur.
2.     Assitannce        Commissioner            Of      Police,   Bassi
       District Jaipur.
3.     The Station House Officer, Police Station
       Kanota, Jaipur.
4.     Gopi Chand Bakoliya Son Of Shri Suwa Lal,
       Resident Of B-285, Vijay Nagar-A, Agra Road,
       Jaipur .
5.     Suman Devi Wife Of Gopi Chand Bakoliya,
       Resident Of B-285, Vijay Nagar-A, Agra Road,
       Jaipur .
                                                   ----Respondents

For Petitioner(s) : Mr. Hari Mohan Sharma, Adv., for Mr. Damodar Prasad Pujari, Adv.

For : Mr. Yashwant Kankhediya, P.P. Respondent(s)

HON'BLE MR. JUSTICE UMA SHANKER VYAS

[2023:RJ-JP:20606] (2 of 3) [CRLW-1987/2023]

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.

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 Station House Officer, Police Station

[2023:RJ-JP:20606] (3 of 3) [CRLW-1987/2023]

Kanota, Jaipur indicating their concern with the

name(s) of probable assailants.

If any such representation is moved by the

petitioners, the Station House Officer, Police Station

Kanota, Jaipur 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 /564

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