Rajasthan High Court - Jaipur
Salima W/O Adarsh Jain vs State Of Rajasthan on 4 April, 2022
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3103/2022
1. Salima W/o Adarsh Jain, R/o House No. B 4, Guru Colony,
Goner Road, Ghati Karolan, Jamdoli Jaipur.
2. Adarsh Jain S/o Ravi Kumar Jain, R/o House No. B 4,
Guru Colony, Goner Road, Ghati Karolan, Jamdoli Jaipur .
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Home, Govt. Of Rajasthan, Secretariat,
Jaipur
2. Director General Of Police, Rajasthan , Police Head
Quarter, Jaipur.
3. The Superintendent Of Police, Jaipur .
4. The Sho, Police Station Khonagoriyan, District Jaipur.
5. Shejan S/o Abdul Razzak, R/o 3636, Masjid Nadifan, Babu
Ka Tila Ramganj Bazar Jaipur.
----Respondents
For Petitioner(s) : Mr. Devanshu Sharma, Adv. For Respondent(s) : Mr. Prashant Sharma, PP HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 04/04/2022
1. This Petition has been filed under Section 482 Cr.P.C. for protection of life and personal liberty of the petitioners.
2. Learned counsel for the petitioners submits that both the petitioners are major and have performed marriage with each other and marriage certificate is submitted by them, but the private respondent and others are not happy with their marriage and they are threatening the petitioners. Given that their life and liberty is in danger, police protection may be granted to them. (Downloaded on 05/04/2022 at 09:17:33 PM)
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3. Learned Public Prosecutor submits that appropriate directions may be issued.
4. In view of the order intended to be passed in the petition, being non-prejudicial to the private respondent, no notice is required against him.
5. Heard learned counsel for both the sides and perused the material available on record.
6. It is well settled legal position as expounded by the Hon'ble Supreme Court of India in Lata Singh Vs. State of UP [AIR 2006 SC 2522], S. Khushboo Vs. Kanniammal [(2010) 5 SCC 600], Indra Sarma Vs. VKV Sarma [(2013) 15 SCC 755] and Shafin Jahan Vs. Asokan KM [(2018) 16 SCC 368] that the society cannot determine how individuals live their lives, especially when they are major, irrespective of the fact that the relation between two major individuals may be termed as unsocial. Thus, life and personal liberty of the individuals has to be protected except according to procedure established by law, as mandated by Article 21 of the Constitution of India. Further, as per Section 29 of the Rajasthan Police Act, 2007 every police officer is duty bound to protect the life and liberty of the citizens.
7. Therefore, in light of the above legal position and having regard to the above submissions but without expressing any opinion on the genuineness or correctness of the allegations made by the petitioners, this petition is disposed of with the direction that learned counsel for the petitioners shall send a copy of the petition along with its annexures to the Station House Officer of concerned Police Station through e-mail, and on receipt of the same, the Station House Officer concerned shall treat it as a complaint and after due enquiry, he shall take necessary (Downloaded on 05/04/2022 at 09:17:33 PM) (3 of 3) [CRLMP-3103/2022] preventive measures and other steps to ensure safety and security of the petitioners in accordance with law.
8. However, as a precautionary note, it is made clear that this order shall not come in the way of investigation of the civil/ criminal case, if any, and such case would take its own course as per law.
9. Stay application also stands disposed of.
(NARENDRA SINGH DHADDHA),J Jatin/104 (Downloaded on 05/04/2022 at 09:17:33 PM) Powered by TCPDF (www.tcpdf.org)