Rajasthan High Court - Jaipur
Ms. Pooja Saini W/O Shri Dinesh Kumar ... 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. 3066/2022
1. Ms. Pooja Saini W/o Shri Dinesh Kumar Saini D/o Shri
Govind Ram Saini, Aged About 19 Years, Resident Of
Ward No. 12 Sanwali Khoti, Danta, Sikar, At Present
Resident Of Ward No. 38, House No. 551, Lal Singh
Colony, Radha Kishanpura, Rural, Sikar, Rajasthan.
2. Dinesh Kumar Saini S/o Shri Hari Prasad Saini, Aged
About 27 Years, Resident Of Ward No. 38, House No. 551,
Lal Singh Colony, Radha Kishanpura, Rural, Sikar,
Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through The Additional Chief
Secretary Department Of Home, Government Of
Rajasthan, Secretariat, Jaipur.
2. The Superintendent Of Police, Sikar.
3. Station House Officer, Police Station Udhog Nagar, District
Sikar.
4. Station House Officer, Police Station Dataramgarh, District
Sikar.
5. Prakash Chand S/o Shri Govind Ram Saini, Resident Of
Ward No. 12 Sanwali Khoti, Danta, Sikar, Rajasthan.
6. Kailash Chandra S/o Shri Rampal Saini, Resident Of Ward
No. 12 Sanwali Khoti, Danta, Sikar, Rajasthan.
7. Premchand S/o Shri Shankar Lal, Resident Of Reta, Police
Station Ranoli, District Sikar, Rajasthan.
----Respondents
For Petitioner(s) : Mr. O. P. Jhajhria, adv.
For Respondent(s) : Mr. Riyasat Ali, PP HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 04/04/2022 (Downloaded on 05/04/2022 at 09:17:20 PM) (2 of 3) [CRLMP-3066/2022]
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 respondents 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.
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 respondents, no notices are required against them.
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. (Downloaded on 05/04/2022 at 09:17:20 PM)
(3 of 3) [CRLMP-3066/2022]
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 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 accordingly.
(NARENDRA SINGH DHADDHA),J Gourav/86 (Downloaded on 05/04/2022 at 09:17:20 PM) Powered by TCPDF (www.tcpdf.org)