Disposed

Smt Archana and Anr. v. State and Ors.

Rajasthan HC1 Jun 2018CRLMP/1729/2018

Case brief

AI extract

What is this about?

High Court disposed of a special bail/criminal miscellaneous petition seeking police protection and quashing of a case due to threats from relatives. The court directed the parties to approach the Superintendent of Police separately with a representation and disposed of the petition without granting the relief.

What did the court decide?

The petition was disposed of; parties directed to approach Superintendent of Police with a representation regarding threat perception.

Smt Archana and Anr. Vs State and Ors. — 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. 1729 / 2018

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Smt Archana Wife of Vikash D/o Shri Raju, Aged About 20 Years

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Vikash Son of Shri Amba Lal, Aged About 24 Years, Both by Caste Harizan, Residents of 53, Indra Colony, Goverdhan Vilash, Kachhi Basti, Udaipur, Distt Udaipur.

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----Petitioners

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Versus

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The State of Rajasthan Through Secretary, Department of Home Affairs, Government of Rajasthan, Jaipur

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Superintendent of Police, Udaipur.

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SHO, Goverdhan Vilash Police Station, District Udaipur.

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Raju Son of Shri Guddra, By Caste Choudhary Dhobi, Resident of 960, Indra Colony, Kachhi Basti, Goverdhan Vilas Police Station, Udaipur, District Udaipur.

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----Respondents

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Petitioner No.1, present in person : Ms. Archana Petitioner No.2, present in person : Mr. Vikash

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

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Order

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01/06/2018

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This criminal misc. petition has been filed by the petitioners

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with the following prayers :-

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“It is therefore, most humbly prayed that this Misc. Petition may kindly be allowed while issuing the necessary order or direction that -

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(i) The respondent authorities may kindly be directed to provide appropriate protection to the petitioners at their native place as well as residential place.

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(2 of 3)

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[CRLMP-1729/2018]

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(ii) It may kindly be ordered to be quashed and set aside the case lodged by the respondent No.4 and their relatives before the respondent No.3 qua the petitioner No.1 against the petitioner No.2.

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(iii) The respondent authorities may kindly be directed not to harass, torture and humiliate to the petitioners in the garb of respondent No.4 and their relatives.

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(iv) That the respondent No.4 including their relative may kindly be restrained from interfering in matrimonial life of the petitioners.

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(v) Any other order or direction, which is favourable to the petitioners, may kindly be passed, as an alternative relief.

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It is averred in this criminal misc. petition 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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Having heard the learned counsel for 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 the relatives of the petitioner No.1 they may move appropriate representation before the Superintendent of Police, Udaipur narrating their grievance. It is expected that if any such representation is moved on behalf of the petitioners, the Superintendent of Police, Udaipur shall consider the same and after analysing the threat perception, if required so, may pass necessary orders.

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(3 of 3)

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[CRLMP-1729/2018]

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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.

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Stay petition also stands disposed of.

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(VIJAY BISHNOI)J.

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Taruna

Smt Archana and Anr. v. State and Ors.

Case brief

What is this about?

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Smt Archana and Anr. v. State and Ors.

Case brief

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