Rajasthan High Court
Nandini Malla D/O Shri Dharmendra ... vs State Of Rajasthan ... on 2 September, 2023
Bench: Uma Shanker Vyas
[2023:RJ-JP:20596]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 1918/2023
1. Nandini Malla D/o Shri Dharmendra Kumar
Malla, W/o Shri Jitesh Kumar Saini, Aged
About 18 Years, R/o A-35, Shastri Nagar,
Alwar Police Station Shastri Nagar, Alwar At
Present R/o Ward No. 6, Ram Nagar, Mandha,
Khatu Shyamji, District Sikar.
2. Jitesh Kumar Saini S/o Shri Rajendra Prasad
Saini, Aged About 23 Years, R/o Ward No. 6,
Ram Nagar, Mandha, Khatu Shyamji, District
Sikar (Raj).
----Petitioners
Versus
1. State Of Rajasthan, Through Its Secretary
Home Department, Government Secretariat,
Jaipur.
2. Director General Of Police, Police Head
Quarter, Lal Kothi, Rajasthan, Jaipur.
3. Superintendent Of Police, Alwar, District Alwar
(Raj).
4. Sho Police Station Shastri Nagar Neb, Alwar.
5. Smt. Dharmendra Kumar Malla S/o Shri Inder
Lal Malla, R/o A-35, Shastri Nagar, Alwar
Police Station Shastri Nagar, Alwar
6. Sandhiya Devi W/o Shri Dharmendra Kumar
Malla, R/o A-35, Shastri Nagar, Alwar Police
Station Shastri Nagar, Alwar
7. Shubham Malla S/o Shri Dharmendra Malla,
R/o A-35, Shastri Nagar, Alwar Police Station
Shastri Nagar, Alwar
8. Aman Malla S/o Shri Dharmendra Malla, R/o
A-35, Shastri Nagar, Alwar Police Station
Shastri Nagar, Alwar
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[2023:RJ-JP:20596] (2 of 4) [CRLW-1918/2023]
9. Jagdish Singh Malla S/o Shri Inder Lal Malla,
R/o A-35, Shastri Nagar, Alwar Police Station
Shastri Nagar, Alwar
10. Kailash Chand Malla S/o Shri Inder Lal Malla,
R/o A-35, Shastri Nagar, Alwar Police Station
Shastri Nagar, Alwar
11. Bajrang Chauhan S/o Unknown, R/o A-35,
Shastri Nagar, Alwar Police Station Shastri
Nagar, Alwar
----Respondents
For Petitioner(s) : Mr. Imran Khan, 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
[2023:RJ-JP:20596] (3 of 4) [CRLW-1918/2023]
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 Superintendent of Police, Alwar, District
Alwar (Rajasthan) indicating their concern with the
name(s) of probable assailants.
If any such representation is moved by the
petitioners, the Superintendent of Police, Alwar,
District Alwar (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
[2023:RJ-JP:20596] (4 of 4) [CRLW-1918/2023]
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 /559
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