HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 3591/2021

1.

Sitaram S/o Sh. Harnath Gurjar, Aged About 26 Years,

R/o Village Narda, Raipur Patan District Sikar (Raj.)

2.

Smt. Manisha D/o Sh. Hoshiyar Singh W/o Sh. Sitaram,

Aged About 18 Years, R/o Village Besarda, Tibabasai,

District Jhunjhunu, At Present R/o Village Narda, Raipur

Patan District Sikar (Raj.)

----Petitioners

Versus

1.

State Of Rajasthan, Through P.P.

2.

Director, General Of Police, Police Headquarter, Lal Kothi,

Tonk Road, Jaipur.

3.

Superintendent Of Police, Jhunjhunu.

4.

Station House Officer, Police Station Khetri District

Jhunjhunu.

5.

Hoshiyar Singh S/o Sh. Surjaram, R/o Village Besarda,

Tibabasai, District Jhunjhunu.

----Respondents

For Petitioner(s)

:

Mr. Arpit Srivastava, through VC

For Respondent(s)

:

Mr. F.R. Meena, P.P.

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

29/06/2021

This petition has been filed under Section 482 of CrPC for

protection of life and personal liberty of the petitioners.

Learned counsel for the petitioners submits that both the

petitioners are major and have solemnized marriage with each

other on 23.06.2021 at Arya Samaj Jan Sewa Samiti which has

been registered on the same day with the Marriage Registration

Officer, Ghaziabad (U.P.); but, the private respondent is not happy

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[CRLMP-3591/2021]

with their marriage and is threatening the petitioners. Given that

their life and liberty is in danger, police protection may be granted

to them.

Learned Public Prosecutor submits that appropriate directions

may be issued.

Heard. Considered.

In view of the order intended to be passed in the petition,

being non-prejudicial to the private respondent, no notices is

required against him.

It is well settled legal position as expounded by the Hon’ble

Supreme Court of India in Lata Singh Vs. State of UP [AIR

2006 SC 2522], S. Khushboo Vs. Kanniammal [(2010) 5

SCC 600], Indra Sarma Vs. VKV Sarma [(2013) 15 SCC 755]

and Shafin Jahan vs. Asokan KM & Ors. [(2018) 16 SCC

368] that the society cannot determine how individuals live their

lives, especially when they are major, irrespective of the fact that

the relation between two major individuals may be termed as

unsocial. Thus, 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 Rajasthan Police Act, 2007 every police officer is

duty bound to protect the life and liberty of the citizens.

Therefore, in light of above legal position and having regard

to the above submissions but without expressing any opinion on

the genuineness or correctness of the allegations made by the

petitioners, this petition is disposed of with the direction that

learned counsel for the petitioners shall send a copy of the petition

along with its annexures to the Station House Officer of concerned

Police Station through registered post/e-mail, and on receipt of

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[CRLMP-3591/2021]

the same, the Station House Officer concerned shall treat it as a

complaint and after due enquiry, he shall take necessary

preventive measures and other steps to ensure safety and security

of the petitioners in accordance with law.

However, as a precautionary note, it is made clear that this

order shall not come in the way of civil/criminal case, if any, and

such case would take its own course as per law.

(MAHENDAR KUMAR GOYAL),J

DANISH USMANI /111