Dismissed

Matiya Kumawat and Anr. v. State and Ors.

Rajasthan HC9 May 2018CRLMP/1445/2018

Case brief

AI extract

What is this about?

A criminal miscellaneous petition under Section 482 Cr.P.C. praying for police protection against threats from relatives was filed. The court held that the matter must be approached as a representation before the Superintendent of Police for analysis of threat perceptions rather than granting immediate protection through this petition.

What did the court decide?

None granted. Petitioners directed to approach Superintendent of Police via representation.

Matiya Kumawat and Anr. Vs State and Ors. — Service and Employment | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 1445 / 2018

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Matiya Kumawat W/o Rakesh D/o Shree Ogar Ram, Aged About 18 Years, By Caste Kumawat R/o Bera Gorva, Akeli Road Kushalpura, Pali, Rajasthan.

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Rakesh S/o Hajari Ram, Aged About 22 Years, R/o Village Bagadiya, Tehsil Raipur, District Pali, Rajasthan.

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----Petitioners

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Versus

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The State of Rajasthan Through the Secretary, Department of Home Affairs, Govt of Rajasthan, Jaipur

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Inspector General of Police, Jodhpur Range, Jodhpur.

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Superintendent of Police, Pali Dist. Pali.

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The Station House Officer, Police Station Jetaran, Dist. Pali, Rajasthan.

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Ogar Ram S/o Jassa Ram, Aged About 55 Years, R/o Bera Gorva, Aakeli Road Kushalpura, Pali, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Mahaveer Singh

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For Respondent(s) : Mr. V.S. Rajpurohit, PP

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Ms. Matiya Kumawat, Mr. Rakesh, petitioners, present in person.

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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09/05/2018

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This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners with the following prayers :-

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“It is, therefore, most respectfully prayed that this criminal misc. petition may kindly be allowed and the authorities may kindly be directed to provide police protection to the petitioners and may also be directed to restrain the private respondents

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(2 of 3)

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[CRLMP-1445/2018]

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from infringing upon the life and liberty of the petitioners by themselves or through any other persons and restrain them to do any act of violence like abducting or causing any damage to the petitioners.

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That the respondent authorities may also kindly be directed to restrain the private respondents not to harass, threaten or commit any act of violence against the petitioners.

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That the respondents authorities may also be directed to take appropriate action against the private respondents.

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Any other relief which Hon’ble Court deems just and proper may kindly be granted in favour of the petitioners.”

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Learned counsel for the petitioners has submitted that the petitioners are major and as per their own will have married to each other but their family members are annoyed with their marriage and threatened them with dire consequences, therefore, adequate police protection be provided to them.

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After considering the arguments advanced by learned counsel for the petitioners and after taking into consideration the 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 their relatives, they may move appropriate representation before the Superintendent of Police, Pali narrating their grievance.

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It is expected that if any such representation is moved on behalf of the petitioners, the Superintendent of Police, Pali shall consider the same and after analysing the threat perceptions, if requires so, may pass necessary orders.

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(3 of 3)

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[CRLMP-1445/2018]

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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 criminal misc. petition is disposed of. Stay petition also stands disposed of.

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(VIJAY BISHNOI),J.

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Ms rathore

Matiya Kumawat and Anr. v. State and Ors.

Case brief

What is this about?

What did the court decide?

Matiya Kumawat and Anr. v. State and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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