Rajasthan High Court - Jaipur
Man Mohan Avasthi S/O Shri Mahesh ... vs State Of Rajasthan on 16 October, 2020
Author: Satish Kumar Sharma
Bench: Satish Kumar Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 734/2020
1. Man Mohan Avasthi S/o Shri Mahesh Chandra Avasthi, Aged
About 39 Years, R/o Jaoli Dist. Alwar Raj. At Present R/o 1029
Ganga Sagar Colony Balaji Mandir 12 Meel Watika Road
Sanganer Dist. Jaipur Raj.
2. Amita Pradhan D/o Malinga Pradhan, Aged About 22 Years,
R/o Rukanbadi PS Daringbadi, Daringbadiso Kandhamal
(Orrisa)
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. The Commissioner Of Police (Jaipur City), Government Hostel
Building M.i. Road Jaipur Raj.
3. The S.H.O., PS Sanganer Sadar Jaipur City (South) Raj.
4. Malinga Pradhan S/o Liti Pradhan, R/o Rukanbadi PS
Daringbadi, Daringbadiso, Kandhamal (Orisa)
5. Mantu Pradhan S/o Shri Malinga Pradhan, Aged About 28
Years, R/o Rukanbadi PS Daringbadi, Daringbadiso, Kandhamal
(Orisa)
6. Mathiu Pradhan S/o Shri Malinga Pradhan, Aged About 26
Years, R/o Rukanbadi PS Daringbadi, Daringbadiso, Kandhamal
(Orisa)
7. Amersha Pradhan S/o Shri Malinga Pradhan, Aged About 18
Years, R/o Rukanbadi PS Daringbadi, Daringbadiso, Kandhamal
(Orisa)
----Respondents
For Petitioner(s) : Mr. Gitesh Joshi through VC For Respondent(s) : Mr. C.G. Chopra, AGC HON'BLE MR. JUSTICE SATISH KUMAR SHARMA Order 16/10/2020 (Downloaded on 16/10/2020 at 09:34:10 PM) (2 of 2) [CRLW-734/2020]
1. This Petition has been filed under Article 226 of the Constitution of India for protection to life and personal liberty of the petitioners.
2. Learned counsel for the petitioners submits that both the petitioners are major and they have performed marriage with each other, but private respondents and others are not happy with their marriage and they are threatening the petitioners. Being their life and liberty in danger, police protection may be granted to them.
3. Learned Assistant Government counsel submits that appropriate directions may be passed in the matter.
4. Article 21 of the Constitution of India guarantees fundamental right to every person for protection of his life and personal liberty except according to procedure established by law. Therefore, 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 this petition as 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.
5. 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.
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