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VISHAKHA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMP 3910/2022



HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 3910/2022

1.

Vishakha W/o Darpan Bajaj D/o Chhabildass, Aged About

22 Years, 24 A Gali No. 3 Hemant Enclave, Mohan Garden

Pashchim Delhi Hal Abad W.No. 4 Indra Colony Padampur

Dist. Sriganganagar

2.

Darpan Bajaj S/o Harbansh Lal Bajaj, Aged About 27

Years, Baba Ramdev Mandir Wali Gali, Indra Colony,

Padampur Dist. Sriganganagar.

----Petitioners

Versus

1.

State Of Rajasthan, Through The Secretary, Dept. Of

Home Affairs, Govt. Of Raj, Jaipur.

2.

Superintendent Of Police, Sriganganagar.

3.

SHO Of Padampur, P.S., Dist. Sriganganagar.

4.

Dharampal S/o Dhulgach, Aged About 65 Years, H.No.

59, Dwarka Mord Moham Garden Near Gandhi Chowk,

New Delhi.

5.

Arun Dhulgach S/o Seetaram Dhulgach, Aged About 42

Years, H.no. 59, Dwarka Mord Moham Garden Near

Gandhi Chowk, New Delhi.

6.

Rajni W/o Chhabil Dass, Aged About 50 Years, H.No. 59,

Dwarka Mord Moham Garden Near Gandhi Chowk, New

Delhi.

----Respondents

For Petitioner(s)

:

Mr. Praveen Kumar

For Respondent(s)

:

Mr. S.K. Bhati, Public Prosecutor

JUSTICE DINESH MEHTA

Order

01/07/2022

1.

The petitioners have preferred the present misc. petition

under Section 482 of the Code of Criminal Procedure, 1973

(hereinafter referred to as 'the Code') for issuance of necessary

(2 of 3)

[CRLMP-3910/2022]

directions to the respondent authorities to provide adequate

security and protection to them, as they are facing grave threat of

life and liberty at the hands of private respondent(s).

2.

Learned counsel for the petitioners submits that the

petitioners are of major age and they solemnized their marriage of

their own free will. However, their family members are not

agreeable to their marriage and have threatened them of dire

consequences.

3.

He prays that adequate police protection be provided to

them.

4.

Though no specific instance or imminent threat has been

pleaded but considering the submissions made by learned counsel

for the petitioners and having regard to the facts and

circumstances of the case, this Court is of the opinion that if the

petitioners are having any apprehension or threat perception

about their life and liberty from their relatives, they may move

appropriate representation before the Superintendent of Police

Sriganganagar indicating their concern with the name(s) of

probable assailants.

5.

If any such representation is moved by the petitioners, the

Superintendent of Police, Sriganganagar shall consider the same

and after analysing the factual situation pass necessary orders or

take action to ward off any untoward incident.

6.

It is hereby clarified that this order may not be construed to

be a validation of petitioners’ marriage and proof of their age. Any

observation made herein shall not affect any criminal or civil

proceedings initiated against the petitioners, at the instance of

their relatives.

(3 of 3)

[CRLMP-3910/2022]

7.

With these observations, this criminal misc. petition is

disposed of.

(DINESH MEHTA),J

87-Ramesh/-

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