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2021 Supreme(Raj) 512

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Satish Kumar Sharma, J.
Pooja Kumawat - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 1604 of 2021
Decided on : 02-03-2021

Advocates appeared:
Vinod Kumar Sharma, Advocate, Fr Meena, Advocate

Individuals' life and personal liberty must be protected, as mandated by Article 21 of the Constitution of India, and as per Section 29 of Rajasthan Police Act, 2007.

Headnote:

Section 482 Cr.P.C. - Protection of Life and Personal Liberty - The court granted police protection to the petitioners based on the legal position that individuals' life and personal liberty must be protected, as mandated by Article 21 of the Constitution of India, and as per Section 29 of Rajasthan Police Act, 2007.

Fact of the Case:

The petitioners, who had performed a registered marriage, sought police protection due to threats from private respondents and others.

Finding of the Court:

The court, considering the legal position, disposed of the petition with the direction for the police to take necessary preventive measures and ensure the safety and security of the petitioners.

Issues: Threats to the petitioners' life and liberty, and the need for police protection.

Ratio Decidendi: The court relied on the legal position that individuals' life and personal liberty must be protected, as mandated by Article 21 of the Constitution of India, and as per Section 29 of Rajasthan Police Act, 2007.

Final Decision: The petition was disposed of with the direction for the police to take necessary preventive measures and ensure the safety and security of the petitioners.

JUDGMENT

Satish Kumar Sharma, J. - This Petition has been filed under Section 482 Cr.P.C. for protection of life and personal liberty of the petitioners.

2. Heard learned counsel for both the sides and perused the material made available on record.

3. Learned counsel for the petitioners submits that both the petitioners are major and have performed marriage with each other and their marriage is registered, 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.

4. Learned Public Prosecutor submits that appropriate directions may be issued.

5. 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.

6. Heard. Considered.

7. It is well settled legal position as expounded by the Hon ble Supreme Court of India in Lata Singh Vs. State of UP, (2006) AIR 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.

8. 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 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.

9. 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.

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