[2025:RJ-JP:50006]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No.1632/2025

1. Smt. Krishna Kumari Sharma Daughter Of Shri Ram Prasad Sharma, Wife Of Shri Neeraj Kumar Sharma, Aged About 25 Years, Resident Of Village Akodiya, Tehsil Chaksu, District Jaipur (Raj.) At Present Resident Of Village And Post Phaliyawas, Tehsil Bassi, District Jaipur (Raj.)

2. Neeraj Kumar Sharma Son Of Shri Ramphool Sharma, Aged About 25 Years, Resident Of Village And Post Phaliyawas, Tehsil Bassi, District Jaipur (Raj.)

----Petitioners Versus

1. State Of Rajasthan, Through Public Prosecutor.

2. The Director General Of Police, Police Head Quarter, Lal Kothi, Jaipur (Raj.)

3. Dy. Commissioner Of Police, Jaipur South.

4. S.h.o. Police Station Shivdaspura, District Jaipur (Raj.)

5. S.h.o. Police Station Kanota, District Jaipur (Raj.)

6. Ram Prasad Sharma Son Of Unknown, Resident Of Village Akodiya, Tehsil Chaksu, District Jaipur (Raj.)

7. Nishant Sharma Son Of Shri Ram Prasad Sharma, Resident Of Village Akodiya, Tehsil Chaksu, District Jaipur (Raj.)

8. Rajulal Sharma Son Of Unknown, Resident Of Village Akodiya, Tehsil Chaksu, District Jaipur (Raj.)

9. Kailash Sharma Son Of Unknown, Resident Of Village Akodiya, Tehsil Chaksu, District Jaipur (Raj.)

10. Vishnu Sharma Son Of Shri Kanaram, Resident Of Village Phaliyawas, Tehsil Bassi, District Jaipur (Raj.)

11. Uma Devi Wife Of Mukesh Sharma, Resident Of Niwai, District Tonk (Raj.)

12. Mahesh Sharma Son Of Unknown, Resident Of Village Akodiya, Tehsil Chaksu, District Jaipur (Raj.)

13. Suraj Devi Wife Of Ramprasad, Resident Of Village Akodiya, Tehsil Chaksu, District Jaipur (Raj.)

----Respondents For Petitioner(s) : Mr. Rajendra Singh Rajawat For Respondent(s) : Mr. Vivek Choudhary, PP

Order

09/12/2025

1. Defect(s) pointed out by the Office stands waived.

2. The petitoners have preferred this petition for issuance of necessary directions to the official-respondents to provide adequate security and protection to them on the ground that they are facing grave threat to their life and liberty at the hands of private respondent(s).

3. Article 21 of the Constitution of India provides for right to life and personal liberty under the ambit of fundamental rights and any threat to the same amounts to violation of the same.

4. The contents of the petition indicate that both the petitioners are of major age and they have solemnized marriage with each other on 28.11.2025, and their marriage has been registered by the competent authority as well. A certificate in this regard has also been issued and life and liberty of the petitioners are stated to be at stake at the hands of the private respondents and prior to approaching this Court, the petitioners had already submitted representations before the Nodal Officer/Superintendent of Police, Jaipur and the concerned Station House Officer, pursuant to the orders passed by the Co- ordinate Bench of this Court in the case of Suman Meena vs. State of Rajasthan while deciding S.B. Criminal Writ Petition No.792/2024, but no heed has been paid, hence, under the compelling circumstances, the petitioners have approached this Court.

5. It is well settled legal position as expounded by the Hon'ble Supreme Court in the cases of Lata Singh Vs. State of UP, reported in AIR 2006 SC 2522, S. Khushboo Vs. Kanniammal, reported in (2010) 5 SCC 600, Indra Sarma Vs. VKV Sarma reported in (2013) 15 SCC 755 and Shafin Jahan Vs. Asokan KM reported in (2018) 16 SCC 368 that the 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.

6. Looking to the fact that the petitioners have already submitted appropriate representation/application seeking protection before the Nodal Officer as well as concerned Station House Officer, it is