High CourtsSingle Bench(2023) 06 RAJ CK 0057

Hema Kumari And Others vs State Of Rajasthan And Others

Rajasthan High Court · Decided on 28 June 2023

HON’BLE JUDGES
Yogendra Kumar Purohit, J
RESULT
Disposed Of
CASE NUMBER
Criminal Writ Petition No. 1060 Of 2023

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Judgment

6 paragraphs · 275 words

Yogendra Kumar Purohit, J

(1) The petitioners have preferred the present writ petition under Article 226 of the Constitution of India for issuance of necessary directions to the respondent authorities to provide adequate security and protection to them, as they are facing grave threat to their life and liberty at the hands of private respondent(s).

(2) Learned counsel for the petitioners submits that the petitioners are above 18 years of age and they are married together. But such marriage is not acceptable to their family members/society and they have threatened them of dire consequences. He prays that adequate police protection be provided to them.

(3) Though no specific instance or imminent threat has been pleaded but considering the submissions made by learned counsel for the petitioners and having regard to the facts and circumstances of the case, this Court is of the opinion that if the petitioners are having any apprehension or threat perception about their life and liberty from their relatives, they may move appropriate representation before the Commissioner of Police, Police Commissionarate, Jodhpur indicating their concern with the name(s) of probable assailants. If any such representation is moved by the petitioners, Commissioner of Police, Jodhpur shall consider the same and after analyzing the factual situation pass necessary orders or take action to ward off any untoward incident.

(4) It is hereby clarified that this order may not be construed to be a validation of marriage and proof of their age. Any observation made herein shall not affect any criminal or civil proceedings initiated against the petitioners, at the instance of their relatives.

(5) With these observations, this criminal writ petition is disposed of.