Disposed

Smt Tanuja Kanwar Gehlot and Anr. v. State and Ors.

Rajasthan HC25 May 2018CRLMP/1672/2018

Case brief

AI extract

What is this about?

The High Court disposed of a criminal miscellaneous petition under Section 482 Cr.P.C. filed by a married couple seeking police protection against threats from relatives. The Court directed the petitioners to approach the Commissioner of Police directly for protection orders, which would then assess threat perceptions. The Court clarified that the order does not prove their age and does not bar fu

What did the court decide?

Directing petitioners to move a representation to the Commissioner of Police for assessment of threat and issuance of protection orders.

Smt Tanuja Kanwar Gehlot and Anr. Vs… — Constitutional and Fundamental Rights | 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. 1672 / 2018

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Smt. Tanuja Kanwar Gahlot W/o Sh. Ankit Choudhary, D/o Shri Dilip Singh Gehlot, aged about 25 years, by caste Rajput, Resident of 12/158, Chopasani Housing Board, Jodhpur presently at 18E/22 Chopasani Housing Board, Jodhpur.

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Ankit Choudhary S/o Shri Dinesh Choudhary, aged about 26 years, by caste Jat, Resident of 18E/72 Chopasani Housing Board, Jodhpur.

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----Petitioners

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Versus

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The State of Rajasthan

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The Chief Secretary, Department of Home, Ministry of Home Affairs, Secretariat, Jaipur (Rajasthan).

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The Commissioner of Police, Jodhpur.

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The Station House Officer, Police Station Chopasani Housing Board, Jodhpur.

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Dilip Singh Gehlot S/o Gopi Singh Gehlot, by caste Rajput, Resident of 12/158, Chopasani Housing Board, Jodhpur.

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----Respondents

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_____________________________________________________ For Petitioner(s) : Ms. Tanuja Kanwar Gehlot,

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Mr. Ankit Choudhary, petitioners, present in person.

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

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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25/05/2018

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This criminal misc. petition under Section 482 Cr.P.C. has

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been filed by the petitioners with the following prayers :-

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(2 of 3)

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“It is, therefore, most respectfully prayed that this misc. petition may kindly be allowed and

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(i) the official respondents may kindly be directed to provide the adequate police protection to the petitioners.

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(ii) if any F.I.R. is lodged against the petitioners by the respondent No.5 or any other person in this regard, the official respondents may kindly be directed to give notice to the petitioner before taking any action in the said F.I.R. and they be further restrained to take any coercive action against the petitioners.

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(iii) Any other relief, which this Hon’ble Court deem just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioners.”

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It is averred in this criminal misc. petition 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 hearing the petitioners present in person 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 Commissioner of Police, Jodhpur narrating their grievance.

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It is expected that if any such representation is moved on behalf of the petitioners, the Commissioner of Police, Jodhpur shall consider the same and after analysing the threat perceptions, if requires 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

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(3 of 3)

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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

Smt Tanuja Kanwar Gehlot and Anr. v. State and Ors.

Case brief

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Smt Tanuja Kanwar Gehlot and Anr. v. State and Ors.

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