Kumari Sagar @ Sagar vs State Of Rajasthan ...
2023 Latest Caselaw 6807 Raj

[2023:RJ-JD:27990]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 1151/2023

1. Kumari Sagar @ Sagar W/o Budha Ram D/o Devi Lal, Aged About 19 Years, B/c Bheel R/o Luna Kalla Dist. Barmer At Present R/o At Hodu Dist. Barmer Raj.

2. Budha Ram S/o Phusa Ram, Aged About 22 Years, B/c Bheel R/o Hodoo Tehsil Sindahri Dist. Barmer Raj.

----Petitioners Versus

1. State Of Rajasthan, Through Chief Secretary Ministry Of Home Affairs Jaipur Raj.

2. The Superintendent Of Police, Barmer Raj.

3. S.h.o., Ps Sindhari Dist. Barmer Raj.

4. Phusa Ram S/o Jora Ram, B/c Bheel R/o Hodoo Tehsil Sindahri Dist. Barmer Raj.

5. Jetha Ram S/o Lala Ram, B/c Bheel R/o Dhorimianna Dodu Tehsil Dhorimanna Dist. Barmer Raj.

6. Nathu Ram S/o Thana Ram, B/c Bheel R/o Hodoo Tehsil Sindahri Dist. Barmer Raj.

7. Devi Lal S/o Javra Ram, B/c Bheel R/o Galanadi Tehsil Sindahri Dist. Barmer Raj.

8. Javra Ram S/o Lala Ram, B/c Bheel R/o Galanadi Tehsil Sindahri Dist. Barmer Raj.

9. Pema Ram S/o Bhika Ram, R/o Galanadi Tehsil Sindahri Dist. Barmer Raj.

10. Baldev Ram S/o Kheta Ram, R/o Galanadi Tehsil Sindahri Dist. Barmer Raj.

                                                  ----Respondents


For Petitioner(s)          :    Mr. DLR Vyas.
For Respondent(s)          :    Mr. Gaurav Singh, P.P.

HON'BLE MR. JUSTICE KULDEEP MATHUR Order

04/09/2023 For the reasons indicted in the application (I.A. No.01/2023),

seeking modification of the order dated 07.08.2023, the same is

allowed.

The criminal writ petition has been preferred by the

petitioners under Article 226 of the Constitution of India seeking

direction for being provided with adequate security and protection.

[2023:RJ-JD:27990] (2 of 2) [CRLW-1151/2023]

The petitioners both being major persons claim to have

performed a love marriage. They submit that the marriage was

performed against the wishes of their parents and thus, they feel

threat to their lives at the hands of private respondents, who are

their relatives. The petitioners allegedly approached the

Superintendent of Police, Barmer with a prayer to be provided with

adequate protection but no heed has been paid to their request so

far.

The documents pertaining to the age of the petitioners and

the marriage ceremony performed between them have been filed

on record. Thus, taking cue from the judgment rendered by the

Hon'ble Supreme Court in the case of Lata Singh Vs. State of U.P.

Reported in AIR 2006 SC 2522, the prayer made by the petitioners

for directing the S.P., Barmer to provide protection to the

petitioners deserves to be accepted.

The Superintendent of Police, Barmer shall have the matter

enquired into and if so required, appropriate protection shall be

provided to the petitioners as and when warranted. The S.P.

Barmer shall ensure that no harm is caused to the petitioners,

who have performed a love marriage.

The criminal writ petition is accordingly disposed of.

A copy of this order be sent to the respondents forthwith.

(KULDEEP MATHUR),J 12-Prashant/-

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