Mamta Kumari vs State Of Rajasthan (2024:Rj-Jd:37059)
2024 Latest Caselaw 7812 Raj

Rajasthan High Court - Jodhpur

Mamta Kumari vs State Of Rajasthan (2024:Rj-Jd:37059) on 6 September, 2024

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2024:RJ-JD:37059]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Writ Petition No. 1908/2024

1.       Mamta Kumari W/o Virendra, Aged About 24 Years, D/o
         Romotar, R/o Ward No.11, Sihana Johda, Dhola Khera, Po
         Dholekhera, Tehsil Gudha Gorji, District Jhunjhunun, At
         Present Ward No.4 Mukta Prasad Colony Bikaner, District
         Bikaner.
2.       Virendra S/o Rohitash Kumar, Aged About 24 Years, R/o
         Hameeri Kalan Po. Hamiri, Tehsil And District Jhunjhunun.
         At Present Ward No.4 Mukta Prasad Colony Bikaner,
         District Bikaner (Raj)
                                                                   ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through The Secretary, Department
         Of Home Affairs, Govt. Of Rajasthan, Jaipur.
2.       Superintendent Of Police, Bikaner.
3.       Superintendent Of Police, Jhunjhunun
4.       Sho, Police Station Kotwali, District Bikaner.
5.       Sho, Police Station Gudha Gorji
6.       Romotar S/o Manaram, Aged About 50 Years, R/o Ward
         No.11, Sihana Johda, Dhola Khera, Po Dholekhera, Tehsil
         Gudha God Ji, District Jhunjhunun
7.       Dalip Shyoran S/o Chhotu Ram, Aged About 35 Years, R/o
         Togda Khud, Tehsil And District Jhunjhunun
8.       Rohitash Khekha S/o Heera Lal, Aged About 50 Years, R/o
         Dhola Khera, Po Dholekhera, Tehsil Gudha Gorji, District
         Jhunjhunun.
9.       Mange Lal S/o Budhram, Aged About 50 Years, R/o
         Poshna Tehsil Gudha Gorji, District Jhunjhunun.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Praveen Karwa
For Respondent(s)         :     Mr. Hanuman Prajapati, PP



            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:37059] (2 of 2) [CRLW-1908/2024]

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 authorities, 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 authorities to provide

protection to the petitioners deserves to be accepted.

The concerned respondent authorities 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 authorities 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 136-himanshu/-

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