Asmeena D/O Shri Sahabdeen vs State Of Rajasthan (2024:Rj-Jp:15458)
2024 Latest Caselaw 2405 Raj/2

Rajasthan High Court

Asmeena D/O Shri Sahabdeen vs State Of Rajasthan (2024:Rj-Jp:15458) on 2 April, 2024

Author: Anil Kumar Upman

Bench: Anil Kumar Upman

[2024:RJ-JP:15458]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                S.B. Criminal Writ Petition No. 628/2024

1.       Asmeena D/o Shri Sahabdeen, Aged About 37 Years,
         Resident Of Village Ghatla Padisal, District Alwar (Raj). At
         Present Resident Of Village Baghora, Tehsil Kishangarh
         Bas, Police Station Kishangarh Bas, District Khairthal-
         Tijara (Raj).
2.       Aasif S/o Shri Asrudeen, Aged About 25 Years, Resident
         Of Village Baghora, Tehsil Kishangarh Bas, Police Station
         Kishangarh Bas, District Khairthal- Tijara (Raj).
                                                                    ----Petitioners
                                     Versus
1.       State Of Rajasthan, Through P.p.
2.       Superintendent Of Police, Khairthal- Tijara, (Rajasthan).
3.       S.h.o. Police Station Kishangarh, District Khairthal- Tijara
         (Rajasthan).
4.       Mufeed S/o Jumme Khan, Resident Of Baghora, Tehsil
         Kishangarh Bas, Police Station Kishangarh Bas, District
         Khairthal- Tijara (Raj).
                                                                  ----Respondents

For Petitioner(s) : Mr. Girish Khandelwal Ms. Swati Sharma For Respondent(s) : Mr. M. K. Sharma, PP

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

02/04/2024

1. Petitioners are present in person and they have duly been

identified by their counsel.

2. Petitioners have preferred instant petition for issuance of

necessary directions to official-respondents to provide adequate

security and protection to them on the ground that they are facing

[2024:RJ-JP:15458] (2 of 3) [CRLW-628/2024]

grave threat of their life and liberty at the hands of private

respondents.

3. Counsel for petitioners submits that petitioners in order to

live happily and peacefully are seeking protection qua private

respondents, who are not happy with the relationship of

petitioners.

4. Pursuant the judgment of the Apex Court in case of Navtej

Singh Johar V. Union of India [(2018)10 SCC 1] and of this

court in Bajrang Lal Sharma v. State of Rajasthan, SB Cr.

Miscellaneous Petition No.2/2019 decided on 4-1-2019, the

State Government through Director General of Police issued a

Circular dated 18-1-2019 and appointed Nodal Officer at every

Police Station in the State of Rajasthan for ventilation of

grievances of newly married couple, including for adequate

protection. Life and liberty is fundamental right of every citizen

being part of Article 21 of the Constitution of India, petitioners

deserve protection of their life and liberty in accordance with law.

5. In view of above, however, this Court in exercise of its writ

jurisdiction is not inclined to enter into examining the validity of

marriage/legality of relationship of parties, therefore does not

render any affirmation of legality and validity of the status of

parties, under which they are living together, but keeping in mind

the proposition of law set forth by the Apex Court in catena of

judgments and in order to protect fundamental rights of parties

for their life and liberty, guaranteed under the Constitution, this

[2024:RJ-JP:15458] (3 of 3) [CRLW-628/2024]

petition is disposed of with liberty to petitioners to approach the

concerned Nodal Officer for ventilation of their grievances.

6. In case petitioners move any application, it is expected from

the concerned Nodal Officer to take necessary action for not

allowing to illegally hinder in peaceful life and liberty of petitioners

by private respondents, who are not agreeable to the relationship

of petitioners, but after verifying the fact, if required.

7. However, it is made clear that this order will not affect the

civil/ criminal proceedings, if any, in the present matter.

8. All pending application(s), if any, stand(s) disposed of.

(ANIL KUMAR UPMAN),J

GAUTAM JAIN /69

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