Citation : 2025 Latest Caselaw 10212 Raj
Judgement Date : 23 May, 2025
[2025:RJ-JD:25488]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Appli No. 308/2025
1. Yasmin W/o Asaman, Aged About 22 Years, D/o Shri Faridudin,
Resident Of Ward No 14 Songiri Well, Didu Sipahiya Ka Mohalla
Bikaner, At Present Resident Charanwala, Police Station
Ranjeetpura, District Bikaner (Raj.).
2. Asaman S/o Dilu Khan, Aged About 28 Years, Charanwala,
Police Station Ranjeetpura, District Bikaner (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, The Secretary, Ministry Of Home Affairs,
Jaipur
2. Superintendent Of Police, Bikaner
3. Station House Officer, Police Station Ranjeetpura, District
Bikaner
4. Faridudin S/o Mohd Hanif Shekh, Near New Mosque Word No
35 Rani Bazar Bikaner At Present Resident Bandra Bas, In
Front Gurjaro Ka Kabristan Bikaner
5. Samrin W/o Faridudin, Near New Mosque Word No 35 Rani
Bazar Bikaner At Present Resident Bandra Bas, In Front
Gurjaro Ka Kabristan Bikaner
6. Shahajad S/o Abdul Hanif, Near New Mosque Word No 35 Rani
Bazar Bikaner
7. Jisan Ali S/o Abdul Hanif, Near New Mosque Word No 35 Rani
Bazar Bikaner
8. Isharad Shekh S/o Mohd Hanif Shekh, Near New Mosque Word
No 35 Rani Bazar Bikaner At Present Resident Of Bandra Bas,
In Front Gurjaro Ka Kabristan Bikaner
9. Imaran Shekh S/o Mohd Hanif Shekh, Near New Mosque Word
No 35 Rani Bazar Bikaner At Present Resident Of Bandra Bas,
In Front Gurjaro Ka Kabristan Bikaner
----Respondents
For Petitioner(s) : Mr. B.R. Godara
For Respondent(s) : Mr. Narendra Gehlot, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
23/05/2025
1. The instant criminal misc. application has been filed by the
petitioners seeking correction in the order dated 12.05.2025
passed by this Court in S.B. Criminal Writ Petition No.1327/2025.
[2025:RJ-JD:25488] (2 of 3) [CRLMA-308/2025]
2. Learned counsel for the petitioners submits that due to
inadvertence, in the order dated 12.05.2025 while granting
protection to the petitioners, which has been noted that the
petitioners are living peacefully in live-in-relationship whereas
both the petitioners have performed marriage (Nikah) and are
living happily with each other. The petitioners have also submitted
nikahnama on record.
3. Learned counsel thus implored this Court to allow the instant
criminal misc. application and make necessary corrections in the
order dated 12.05.2025.
4. Learned Public Prosecutor does not object to the said prayer
made by learned counsel for the petitioners.
5. Accordingly, the instant criminal misc. application is allowed
and the corrected order dated 12.05.2025 reads as under:-
"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.
The petitioners both being major persons claim to have contracted Nikaah. They submit that the Nikaah was contracted 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 Nikaah contracted by 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.
[2025:RJ-JD:25488] (3 of 3) [CRLMA-308/2025]
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 contracted a Nikaah.
The criminal writ petition is accordingly disposed of."
(KULDEEP MATHUR),J 269-Dinesh/-
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