Maina Devi W/O Chenaram D/O ... vs State Of Rajasthan ...
2023 Latest Caselaw 4508 Raj/2

[2023:RJ-JP:20593]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

       S.B. Criminal Writ Petition No. 1913/2023

1.     Maina Devi W/o Chenaram D/o Maghuram
       Nayak, Aged About 31 Years, Resident Of
       Vpo- Bhasina, Tehsil Sujangarh, District Churu
       (Raj). Presently Residing At C/o Chhoturam
       Son Of Jeenaram, Address 350, Vijay Nagar,
       Daulatpura, Bainad Road, Jhotwara, Jaipur
       (Raj).
2.     Chenaram Son Of Jetharam, Aged About 31
       Years, Resident Of Village Nosariya, Post
       Kamediya, Tehsil Jayal, District Nagaur (Raj).
       Presently Residing At C/o Chhoturam Son Of
       Jeenaram,          Address          350,          Vijay   Nagar,
       Daulatpura, Bainad Road, Jhotwara, Jaipur
       (Raj).
                                                         ----Petitioners
                                Versus
1.     State      Of     Rajasthan,         Through          Secretary,
       Department              Of        Home,             Government
       Secretariat, Jaipur.
2.     The             Commissioner                  Of          Police,
       Commissionerate, Jaipur.
3.     The Deputy Commissioner Of Police, Jaipur
       City (West), Jaipur.
4.     Sho, Police Station Harmada, Jaipur City
       (West), Jaipur.
5.     Superintendent           Of     Police,      Churu,       District
       Churu, Raj.
6.     Superintendent Of Police, Nagaur, District
       Nagaur (Raj).
7.     Sho, Police Station Sujangarh, District Churu
       (Raj).
8.     Sho Police Station Burdifanta, District Nagaur




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 [2023:RJ-JP:20593]              (2 of 4)                 [CRLW-1913/2023]


       (Raj).
9.     Meghu Ram Nayak Son Of Ashuram, Nayak,
       Resident Of Vpo- Bhasina, Tehsil Sujangarh,
       District Churu (Raj).
10.    Jhumi Devi W/o Meghu Ram, Resident Of Vpo-
       Bhasina,       Tehsil     Sujangarh,          District    Churu
       (Raj).
11.    Ratti Ram Nayak Son Of Meghuram, Resident
       Of Vpo- Bhasina, Tehsil Sujangarh, District
       Churu (Raj).
12.    Lalaram Son Of Meghuram, Resident Of Vpo-
       Bhasina,       Tehsil     Sujangarh,          District    Churu
       (Raj).
                                                   ----Respondents

For Petitioner(s) : Mr. Brijesh Kumar Bhardwaj, 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).

[2023:RJ-JP:20593] (3 of 4) [CRLW-1913/2023]

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 S.H.O., Police Station Harmada, Jaipur

City (West), Jaipur indicating their concern with the

name(s) of probable assailants.

If any such representation is moved by the

petitioners, the S.H.O., Police Station Harmada,

Jaipur City (West), Jaipur shall consider the same

and after analysing the factual situation pass

necessary orders or take action to ward off any

untoward incident.

[2023:RJ-JP:20593] (4 of 4) [CRLW-1913/2023]

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 /554

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