Citation : 2023 Latest Caselaw 4502 Raj/2
Judgement Date : 2 September, 2023
[2023:RJ-JP:20607]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 1986/2023
1. Bulkesh D/o Jai Singh, Aged About 22 Years,
R/o Village Kaliyasar, Police Station Malsisar,
District Jhunjhunu (Raj).
2. Rakesh Budania S/o Sh. Mahendra Singh,
Aged About 22 Years, R/o Ardawata, Police
Station Chidawa, District Jhunjhunu (Raj).
----Petitioners
Versus
1. State Of Rajasthan, Through Public
Prosecutor.
2. The Superintendent Of Police, Jhunjhunu.
3. S.h.o. Police Station Malsisar, District
Jhunjhunu.
4. S.h.o. , Police Station Chidawa, District
Jhunjhunu.
5. Rakesh Kumar Kulhari S/o Sh. Ramswaroop
Kulhari, R/o Village Badki, Police Station
Dudwa Khara District Churu.
6. Jai Singh S/o Sh. Lekhram, R/o Village
Kaliyasar District Jhunjhunu (Raj).
7. Mohan Lal Bijarniya S/o Sh. Ramkaran
Bijarniya, R/o Village Hansasari, Tehsil Alsisar,
District Jhunjhunu.
8. Pratap Budaniya S/o Sh. Piranaram, R/o
Ardawata, District Jhunjhunu (Raj).
----Respondents
For Petitioner(s) : Mr. Mukesh Dudi, Adv. For : Mr. Yashwant Kankhediya, P.P. Respondent(s)
[2023:RJ-JP:20607] (2 of 3) [CRLW-1986/2023]
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 to their life and liberty at the hands of private
respondent(s).
Learned counsel for the petitioners submits that
the petitioners are above 18 years of age and are in
a live-in-relationship. But such relationship is not
acceptable to their family members/society and they
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
[2023:RJ-JP:20607] (3 of 3) [CRLW-1986/2023]
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' live-in
relationship 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 /563
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