Mamta Birda vs State Of Rajasthan (2024:Rj-Jd:37098)
2024 Latest Caselaw 7804 Raj

Rajasthan High Court - Jodhpur

Mamta Birda vs State Of Rajasthan (2024:Rj-Jd:37098) on 6 September, 2024

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2024:RJ-JD:37098]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Writ Petition No. 1907/2024

1.       Mamta Birda D/o Narendra Kumar Brida, Aged About 19
         Years, W/o Mukesh Jat, R/o Gali No. 10, Jaswant Garh,
         Tehsil Ladnu, Dist. Kuchaman - Diwana At Present Ward
         No. 3 Naliya - Bas Tehsil Sujangarh, Dist. Churu,
         Rajasthan.
2.       Mukesh Jat S/o Mr. Mohan Lal Jat, Aged About 21 Years,
         R/o Ward No. 3 Naliyabas, Tehsil Sujangarh, Dist. Churu,
         Rajasthan.
                                                                   ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through Home Secretary, Govt. Of
         Rajasthan Jaipur
2.       Superintendent Of Police, Dist. Churu.
3.       Sho, Police Station, Ladnu, Dist. Kuchaman - Didwana.
4.       Sho, Police Station, Sujangarh, Dist. Churu.
5.       Mohanram Birda S/o Rajuram Birda, R/o Gali No. 10,
         Jaswant Garh, Tehsil Ladnu, Dist. Kuchaman - Didwana.
6.       Surrendra Birda S/o Mohan Ram Birda, R/o Gali No. 10,
         Jaswant Garh, Tehsil Ladnu, Dist. Kuchaman - Didwana.
7.       Hukma Ram S/o Motaram Moond, R/o Ward No. 3
         Naliyabas, Tehsil Sujangarh, Dist. Churu, Rajasthan.
8.       Dana Ram S/o Motaram Moond, R/o Ward No. 3
         Naliyabas, Tehsil Sujangarh, Dist. Churu, Rajasthan.
9.       Hariram Moond S/o Hukmaram Moond, R/o Ward No. 3
         Naliyabas, Tehsil Sujangarh, Dist. Churu, Rajasthan.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Rakesh Kumar Chotia
For Respondent(s)         :     Mr. N.K. Gurjar, AAG



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

06/09/2024

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.

[2024:RJ-JD:37098] (2 of 2) [CRLW-1907/2024]

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 concerned

respondent authority 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 concerned respondent authority to

provide protection to the petitioners deserves to be accepted.

The concerned respondent authority shall have the matter

enquired into and if so required, appropriate protection shall be

provided to the petitioners as and when warranted. The concerned

respondent authority shall ensure that no harm is caused to the

petitioners, who have performed a love marriage.

The criminal writ petition is accordingly disposed of.

(KULDEEP MATHUR),J 135-Hanuman/-

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