HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANOOP KUMAR DHAND
RADHA GURJAR DAUGHTER OF SHRI RAMRAJ GURJAR W/O SUMER SINGH GURJAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLW / 1476 / 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 1476/2025
1. Radha Gurjar Daughter Of Shri Ramraj Gurjar W/o Sumer Singh Gurjar, Aged About 20 Years, Resident Of Vill.- Motipura, Teh.- Bonli, Jolanda, District Swaimadhopur (Raj.), At Present Resident Of Vill.- Chandnoli, District Swaimadhopur (Raj.).
2. Sumer Singh Gurjar Son Of Shri Ramkesh Gurjar, Aged About 21 Years, Resident Of Vill.- Chandnoli, District Swaimadhopur (Raj.).
----Petitioners Versus
1. State Of Rajasthan, Through P.p.
2. The Director General Of Police, Jaipur (Raj.)
3. The Superintendent Of Police, Swaimadhopur (Raj.)
4. The Station House Officer, Police Station Bonli, District-
Swaimadhopur (Raj.)
5. Ramraj Gurjar Son Of Shri Gajanand Gurjar, Resident Of Vill.- Motipura, Post Jolanda, Teh.- Bonli, District Swaimadhopur (Raj.).
6. Manraj Son Of Shri Gajanand Gurjar, Resident Of Vill.-
Motipura, Post Jolanda, Teh.- Bonli, District Swaimadhopur (Raj.).
7. Veer Singh Son Of Shri Kanji Gurjar, Resident Of Vill.-
Motipura, Post Jolanda, Teh.- Bonli, District Swaimadhopur (Raj.).
8. Lallu Gurjar Son Of Shri Namalum, Resident Of Vill.-
Motipura, Post Jolanda, Teh.- Bonli, District Swaimadhopur (Raj.).
9. Ramsingh Gurjar Son Of Shri Namalum, Resident Of Vill.-
Mahsra,post- Jalunda, Tehsil Bonli, District Swaimadhopur (Raj.).
----Respondents For Petitioner(s) : Mr. Atar Singh Mr. Babu Lal Nasuna For Respondent(s) : Mr. Vivek Choudhary -PP JUSTICE ANOOP KUMAR DHAND
Order
25/11/2025
1. 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).
2. Learned counsel for the petitioners submits that 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.
3. Counsel for the petitioners submits that both petitioners are major and they have solemnized marriage with each other on 31.10.2025 and their marriage has been registered by the competent authority and a certificate in this regard has also been issued. Counsel submits that the life and liberty of the petitioners are at stack at the hands of private respondents. Counsel submits that before approaching this Court the petitioners have already submitted representations before the Nodal Officer/Superintendent of Police and 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 (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. Counsel submits that appropriate directions be issued in favour of the petitioners.
4. 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.
5. Considering the arguments put forward by the learned counsel for the petitioners and 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 expected from the officers concerned to look into the matter in terms of the directions issued by this Court in the case of Suman Meena (supra) an
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