HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 6590/2022

1.

Sapna D/o Ramesh Singh, Aged About 22 Years, P.s.

Harji, Aahor, Dist. Jalore, Raj. Presently R/o Pappaji Park,

Goghra Road, Halol, Teh. Halol, Dist. Panchmahal, Guj.

2.

Parth Joshi S/o Deepak Bhai Joshi, Aged About 22 Years,

Brapod, Manipur, Teh. Kadi Dist. Mehesana, Guj. Currently

R/o Pappaji Park, Goghra Road, Halol, Teh. Halol, Dist.

Panchmahal, Guj.

----Petitioners

Versus

1.

State Of Rajasthan, Through Pp

2.

Ramesh Singh S/o Sukhsingh, R/o P.s. Harji, Aahor, Dist.

Jalore, Raj.

----Respondents

For Petitioner(s)

:

Mr. Dinesh Kumar Godara with

Mr. Harshil Vyas

For Respondent(s)

:

Mr. S. K. Bhati, P. P.

JUSTICE DINESH MEHTA

Order

13/10/2022

1.

The petitioners have approached this Court challenging the

order dated 01.08.2022 issued by the Sub Divisional Magistrate,

Aahore, District Jalore whereby proceedings under Sections 97 &

98 of the Code of Criminal Procedure, 1973 have been initiated.

2

Learned counsel for the petitioners submits that the

proceedings initiated at the instance of respondent No.2 for

securing the presence of petitioner No.1 are without jurisdiction

inasmuch as the petitioners have willfully contracted their

marriage.

(2 of 2)

[CRLMP-6590/2022]

3.

If that be so, the petitioners shall appear before the Sub

Divisional Magistrate, Aahore, District Jalore on 21.10.2022 along

with all the documentary proof of their age and marriage, who

shall verify the same and proceed in accordance with law. If he

finds that they being major have married legitimately, he will allow

them to go in accordance with law.

4.

Till then, the petitioners shall not be arrested in relation to

Criminal Complaint No.10/2022 pending before the Sub Divisional

Magistrate, Aahore, District Jalore.

5.

The misc. petition stands disposed of accordingly.

6.

Stay application too stands disposed.

(DINESH MEHTA),J

290-A.Arora/-