Disposed

Monika Chhimpa and Anr. v. State of Rajasthan and Ors.

Rajasthan HC1 Dec 2017CW/15750/2017

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking police protection for a married couple facing family threats. The court directed the petitioners to approach the Superintendent of Police with a representation for threat analysis rather than issuing an immediate order, while explicitly stating the order was not proof of age or marriage validity.

What did the court decide?

Petitioners directed to move representation to Superintendent of Police; no immediate police protection or restraining order granted.

Monika Chhimpa and Anr. Vs State of… — Pension and Retirement Benefits | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 15750 / 2017

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Monika Chhimpa wife of Sanjeev Kumar, daughter of Shri Krishan Chhimpa, age about 18 years, by caste Chhimpa, resident of Ward No.11, Village 11 LNP, (Khyaliwala), Tehsil & District Sriganganagar at present 13 BNW (Dulapura), Tehsil Sadul Shahar, District Sriganganagar (Raj.)

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Sanjeev Kumar Son of Shri Vinod Kumar, age about 24 years, by caste Bishnoi, resident of 13 BNW (Dulapura), Tehsil Sadul Shahar, District Sriganganagar (Raj.)

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----Petitioners

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Versus

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The State of Rajasthan through Chief Secretary, Ministry of Home Affairs, Jaipur (Raj.)

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The Superintendent of Police, Sriganganagar through Government Advocate, Rajasthan High Court, Jodhpur (Raj.)

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Station House officer, Police Station Sadar Thana, Dist Sriganganagar (Raj.)

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Station House Officer, Police Station Pilibanga, District Sriganganagar (Raj.)

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Krishan Chhimpa son of Shri Shyokaran Chhimpa,

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Shispal Chimpa son of Shri Shyokaran Chhimpa,

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Shankar Chhimpa son of Shri Shyokaran Chhimpa,

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Sanjay Chhimpa son of Shri Shyokaran Chhimpa,

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by caste Chhimpa, resident of Ward No.11, village 11 LNP, (Khyaliwala), Tehsil & District Sriganganagar (Raj.)

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Babu Lal son of Tekchand Chhimpa,

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Jagdish son of Tekchand Chhima,

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by caste Chhimpa resident of Village Manakthedi, Tehsil Pilibanga, District Hanumangarh (Raj.)

----Respondents

(2 of 3)

[CW-15750/2017]

For Petitioner(s) : Mr. Himmat Jagga

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Present in person : Ms. Monika Chhimpa – petitioner No.1

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Mr. Sanjeev Kumar – petitioner No.2

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HON'BLE MR. JUSTICE VIJAY BISHNOI Judgment / Order

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01/12/2017

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This writ petition has been filed by the petitioners with the following prayers :-

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“It is therefore, most humbly and respectfully prayed that this civil writ petition may kindly be allowed and;

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(i) By an appropriate writ, order or direction, the respondents authorities be directed to provide police protection to the petitioners.

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(ii) if any FIR is lodged against the petitioners by the respondent no. 5 to 10 and other family members the official respondents be directed to give notice to the petitioners before taking any action on the said FIR and they be restrained from taking any coercive action against the petitioners.

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(iii) Such other and further order/orders as this Hon'ble Court may deems fit and proper in the facts and circumstances of the present case and in the interest of justice.”

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Learned counsel for the petitioners has submitted that the petitioners are major and as per their own will has married to each other but the family members of the petitioner No.1 are annoyed with their marriage and has threatened them with dire consequences, therefore, adequate police protection be provided to the petitioners.

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After considering the arguments advanced by learned counsel for the petitioners and after taking into consideration the

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(3 of 3)

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[CW-15750/2017]

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facts and circumstances of the case, this Court is of the opinion that if the petitioners are having any apprehension regarding their life and liberty from the relatives of the petitioner No.1 they may move appropriate representation before the Superintendent of Police, Sri Ganganagar narrating their grievance. It is expected that if any such representation is moved on behalf of the petitioners, the Superintendent of Police, Sri Ganganagar shall consider the same and after analysing the threat perception, if required so, may pass necessary orders.

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It is made clear that this order is not a proof of age and the marriage of the petitioners and any observations in this order shall not affect any criminal and civil proceedings initiated against the petitioners at the instances of their relatives.

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With these observations this writ petition is disposed of.

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Stay petition also stands disposed of.

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(VIJAY BISHNOI)J.

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Abhishek Kumar SS/S.No.1

Monika Chhimpa and Anr. v. State of Rajasthan and Ors.

Case brief

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Monika Chhimpa and Anr. v. State of Rajasthan and Ors.

Case brief

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