Rajasthan High Court - Jaipur
Shimla D/O Shri Giriraj Sharma Wife Of ... vs State Of Rajasthan on 30 January, 2021
Author: Mahendar Kumar Goyal
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 756/2021
1. Shimla D/o Shri Giriraj Sharma Wife Of Shri Krishan Kumar
Sharma, Aged About 24 Years, Resident Of Ward No. 10
Shukulpura, Post Hatauna, Police Station Baroni, Tehsil
Niwai, District Tonk (Raj) At Present R/o Near Shiv Mandir,
Sarsop, Police Station Chauth Ka Barwada, District Sawai
Madhopur (Raj)
2. Krishan Kumar Sharma So Of Shri Radhey Shyam Sharma,
Aged About 29 Years, Resident Of Near Shiv Mandir, Sarsop,
Police Station Chauth Ka Barwada, District Sawai Madhopur
(Raj)
----Petitioners
Versus
1. State Of Rajasthan, Through PP
2. Director General Of Police, Rajasthan, Jaipur
3. Superintendent Of Police, Sawai Madhopur, District Sawai
Madhopur (Raj)
4. SHO Police Station, Chauth Ka Barwada, District Sawai
Madhopur (Raj)
5. Superintendent Of Police, Tonk District Tonk (Raj)
6. SHO Police Station, Baroni, District Tonk, (Raj)
7. Girraj Prasad Sharma Son Of Shri Madho Lal Sharma, Aged
About 50 Years, Resident Of Ward No. 10, Shukulpura, Post
Hatauna, Police Station Baroni, Tehsil Niwai, District Tonk
(Raj)
8. Smt. Soorta Devi Wife Of Shri Giriraj Prasad Sharma, Aged
About 48 Years, Resident Of Ward No. 10, Shukulpura, Post
Hatauna, Police Station Baroni, Tehsil Niwai, District Tonk
(Raj)
9. Ravi Shankar Sharma Son Of Shri Giriraj Prasad Sharma,
Resident Of Ward No. 10, Shukulpura, Post Hatauna, Police
Station Baroni, Tehsil Niwai, District Tonk (Raj)
10. Rishi Raj Sharma Son Of Shri Girraj Prasad Sharma,
Resident Of Ward No. 10, Shukulpura, Post Hatauna, Police
Station Baroni, Tehsil Niwai, District Tonk (Raj)
11. Ghanshyam Sharma Son Of Shri Madho Lal Sharma, Aged
About 55 Years, Resident Of Ward No. 10, Shukulpura, Post
(Downloaded on 30/01/2021 at 10:44:23 PM)
(2 of 4) [CRLMP-756/2021]
Hatauna, Police Station Baroni, Tehsil Niwai, District Tonk
(Raj)
12. Kanhaiya Lal Sharma Son Of Shri Ghanshyam Sharma, Aged
About 25 Years, Resident Of Ward No. 10, Shukulpura, Post
Hatauna, Police Station Baroni, Tehsil Niwai, District Tonk
(Raj)
13. Gulab Chand Sharma Son Of Shri Madho Lal Sharma,
Resident Of Ward No. 10, Shukulpura, Post Hatauna, Police
Station Baroni, Tehsil Niwai, District Tonk (Raj)
14. Vinod Sharma Son Of Shri Gulab Sharma, Resident Of Ward
No. 10, Shukulpura, Post Hatauna, Police Station Baroni,
Tehsil Niwai, District Tonk (Raj)
15. Vishnu Sharma Son Of Gulab Sharma, Resident Of Ward No.
10, Shukulpura, Post Hatauna, Police Station Baroni, Tehsil
Niwai, District Tonk (Raj)
16. Ram Kishan Sharma Son Of Shri Madho Lal Sharma,
Resident Of Ward No. 10, Shukulpura, Post Hatauna, Police
Station Baroni, Tehsil Niwai, District Tonk (Raj)
17. Piyush Sharma Son Of Shri Ram Kishan Sharma, Resident
Of Ward No. 10, Shukulpura, Post Hatauna, Police Station
Baroni, Tehsil Niwai, District Tonk (Raj)
18. Shankar Lal Sharma Son Of Shri Kajod Mal Sharma,
Resident Of Ward No. 10, Shukulpura, Post Hatauna, Police
Station Baroni, Tehsil Niwai, District Tonk (Raj)
19. Ramjilal Sharma Son Of Shri Sooraj Mal Sharma, Resident
Of Ward No. 10, Shukulpura, Post Hatauna, Police Station
Baroni, Tehsil Niwai, District Tonk (Raj)
20. Sooraj Mal Sharma Son Of Shri Ram Swaroop Sharma,
Resident Of Maharajpura, Chainpura Fatak, Niwai, Police
Station Niwai, District Tonk (Raj)
21. Hari Narayan Sharma Son Of Shri Ramswaroop Sharma,
Resident Of Maharajpura, Chainpura Fatak, Niwai, Police
Station Niwai, District Tonk (Raj)
22. Shyoji Lal Son Of Shri Shambhu, Resident Of Maharajpura,
Chainpura Fatak, Niwai, Police Station Niwai, District Tonk
(Raj)
23. Hanuman Sharma Son Of Prahlad Sharma, Resident Of
Maharajpura, Chainpura Fatak, Niwai, Police Station Niwai,
District Tonk (Raj)
24. Shambhu Sharma Son Of Ram Sahay Sharma, Resident Of
(Downloaded on 30/01/2021 at 10:44:23 PM)
(3 of 4) [CRLMP-756/2021]
Maharajpura, Chainpura Fatak, Niwai, Police Station Niwai,
District Tonk (Raj)
----Respondents
For Petitioner(s) : Mr. Vishnu Bohra
For Respondent(s) : Mr. Prashant Sharma, PP
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
30/01/2021
This petition has been filed under Section 482 of CrPC for protection of life and personal liberty of the petitioners.
Heard learned counsels for the parties and perused the material made available on record.
Learned counsel for the petitioners submits that both the petitioners being major, have solemnized marriage with each other in Arya Samaj Vivah Mandir Trust on 18.01.2021 which has been registered on the same day with the Marriage Registration Officer, Ghaziabad (U.P.); but, the private respondents 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.
Learned Public Prosecutor submits that appropriate directions may be issued.
In view of the order intended to be passed in the petition, being non-prejudicial to the private respondents, no notices are required against them.
Heard. Considered.
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 (Downloaded on 30/01/2021 at 10:44:23 PM) (4 of 4) [CRLMP-756/2021] 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 & Ors. [(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 Rajasthan Police Act, 2007 every police officer is duty bound to protect the life and liberty of the citizens.
Therefore, in light of 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 registered post/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 preventive measures and other steps to ensure safety and security of the petitioners in accordance with law.
However, as a precautionary note, it is made clear that this order shall not come in the way of civil/criminal case, if any, and such case would take its own course as per law.
(MAHENDAR KUMAR GOYAL),J MADAN MEENA/81 (Downloaded on 30/01/2021 at 10:44:23 PM) Powered by TCPDF (www.tcpdf.org)