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2023 Supreme(Online)(RAJ) 8888

HIGH COURT OF RAJASTHAN
BIRENDRA KUMAR
SMT.PRIYATMA KUMARI OF SHRI GOKUL CHAND MAHICH, – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLW/134/2023



[2023/RJJP/000147]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Writ Petition No. 134/2023

1.

Smt.priyatma Kumari Of Shri Gokul Chand Mahich, Aged About

19 Years, Resident Of Meghwal Farm House, Bhokri Road Todi,

Duriya,tehsil-Udaipuwati,dist.jhunjhunu (Raj.) At Present Wife

Of Shri Pramod Kumar Saini Resident Of Thakarwali, ,village

Kishorpua, Tehsil-Udaipuwati, Dist.jhunjhunu (Raj.)

2.

Pramod Kumar Saini Son Of Shri Leela Dhar Saini, Aged About

28 Years, Resident Of Thakarwali, Village Kishorpua, Tehsil-

Udaipuwati, Dist.jhunjhunu (Raj.)

----Petitioners

Versus

1.

State Of Rajasthan, Through P.p.

2.

The Director General Of Police, Jaipur (Raj.)

3.

The Superintendent Of Police, Jhunjhunu District

Jhunjhunu(Raj.)

4.

The Station House Officer, Police Station, Ghuda Gordji, Dist.

Jhunjhunu (Raj.)

5.

Gokul Chand Mahich Son Of Shri Girdhari Lal, Aged About 48

Years, Resident Of Meghwal Farm House, Bhokri Road Todi,

Duriya,tehsil-Udaipuwati, Dist.jhunjhunu (Raj.)

6.

Smt. Bala Devi W/o Gokul Chand Mahich, Aged About 48

Years, Resident Of Meghwal Farm House, Bhokri Road Todi,

Duriya,tehsil-Udaipuwati, Dist.jhunjhunu (Raj.)

7.

Banshi Dhar Mahich Son Of Shri Girdhari Lal, Aged About 46

Years, Resident Of Meghwal Farm House, Bhokri Road Todi,

Duriya,tehsil-Udaipuwati, Dist.jhunjhunu (Raj.)

8.

Smt. Thulsi Devi W/o Banshi Dhar Mahich Son, Aged About 44

Years, Resident Of Meghwal Farm House, Bhokri Road Todi,

Duriya,tehsil-Udaipuwati, Dist.jhunjhunu (Raj.)

9.

Mehandra Singh Mahich Son Of Shri Girdhari Lal, Aged About

42 Years, Resident Of Meghwal Farm House, Bhokri Road Todi,

Duriya,tehsil-Udaipuwati, Dist.jhunjhunu (Raj.)

10.

Smt. Sanju Devi W/o Banshi Dhar Mahich Son, Aged About 40

Years, Resident Of Meghwal Farm House, Bhokri Road Todi,

Duriya,tehsil-Udaipuwati, Dist.jhunjhunu (Raj.)

11.

Sunil Kumar W/o Gokul Chand Mahich, Aged About 21 Years,

Resident Of Meghwal Farm House, Bhokri Road Todi,

[2023/RJJP/000147]

(2 of 4)

[CRLW-134/2023]

Duriya,tehsil-Udaipuwati, Dist.jhunjhunu (Raj.)

12.

Rajkumar Mahich S/o Banshi Dhar Mahich Son, Aged About 23

Years, Resident Of Meghwal Farm House, Bhokri Road Todi,

Duriya,tehsil-Udaipuwati, Dist.jhunjhunu (Raj.)

13.

Roshan Lal Mahich S/o Tajpal Mahich, Aged About 50 Years,

Resident Of Meghwal Farm House, Bhokri Road Todi,

Duriya,tehsil-Udaipuwati, Dist.jhunjhunu (Raj.)

14.

Kuldeep S/o Banshi Dhar Mahich Son, Aged About 20 Years,

Resident Of Meghwal Farm House, Bhokri Road Todi,

Duriya,tehsil-Udaipuwati, Dist.jhunjhunu (Raj.)

15.

Kishanlals/o Girdhari Lal Son, Aged About 65 Years, Resident

Of Signor ,tehsil-Udaipuwati, Dist.jhunjhunu (Raj.)

16.

Manphool S/o Kishanlal, Aged About 48 Years, Resident Of

Signor, Tehsil-Udaipuwati, Dist.jhunjhunu (Raj.)

17.

Anita Devi W/o Manphool, Aged About 45 Years, Resident Of

Signor ,tehsil-Udaipuwati, Dist.jhunjhunu (Raj.)

18.

Mani Devi W/o Kishan Lal, Aged About 63 Years, Resident Of

Signor ,tehsil-Udaipuwati, Dist.jhunjhunu (Raj.)

----Respondents

For Petitioner(s)

:

Mr. Omveer Singh Saini

For Respondent(s)

:

Mr. Deshraj Gosingha, Dy. GA

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

23/01/2023

1.

Heard the parties.

2.

This criminal misc. writ petition has been filed under Article 226 of

The Constitution of India R/w Section 315 [1][h] Raj. High Court Rules,

1952 for protection to life and personal liberty of the petitioners.

3.

The petitioners are major and have entered into marriage with

each other. Supporting documents have been filed. The petitioners have

approached this court for protection of their life and liberty as private

respondents are not approving and recognizing their marriage.

4.

The law is well settled that privacy and liberty of individuals

cannot be infringed by taking the law in one’s hands. If there is

[2023/RJJP/000147]

(3 of 4)

[CRLW-134/2023]

allegation of violation of law, the aggrieved person may take legal

recourse and no other

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