Disposed

Mamta Choudhary and Anr. v. State and Ors.

Rajasthan HC1 Jun 2018CRLMP/1732/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, petitioners seeking police protection due to threats from relatives regarding their marriage prayed restraint and protection orders. The High Court directed petitioners to approach the Superintendent of Police for threat assessment instead of granting automatic police protection and clarified the order was not proof of marriage validity.

What did the court decide?

The petition was disposed of. Petitioners were directed to move a representation to the Superintendent of Police, Nagaur regarding threats.

Mamta Choudhary and Anr. Vs State and Ors. — Matrimonial and Divorce | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Misc(Pet.) No. 1732 / 2018

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Mamta Choudhary d/o Shri Heera Lal Choudhary, aged about 20 years, resident of Bajya Ki Dhani, Boraj, Jaipur.

¶4

Banwari Lal S/o Shri Bajrang Lal, aged about 30 years, resident of Sardarpura, Prempura, Nagaur.

¶5

----Petitioners

¶6

Versus

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

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The Station House Officer, Boraj, Jaipur.

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The Superintendent of Police, Jaipur.

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The Superintendent of Police, Nagaur.

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Heera Lal Choudhary S/o Shri Ganesh Ji, resident of Bajya Ki Dhani, Boraj, Jaipur.

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----Respondents _____________________________________________________ For Petitioner(s) : Ms. Mamta Choudhary, Mr. Banwari Lal, petitioners, present in person. 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 with the following prayers :-

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“It is, therefore, most respectfully prayed on behalf of the petitioners that the Criminal Misc. Petition may kindly be allowed and the respondent No.2, 3 and 4 be directed to provide police protection to the petitioners and if any FIR is lodged against the petitioners by the respondent No.5, the officials respondents be directed to give notice to the petitioners before taking any action on the said FIR and

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(2 of 2)

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they be further restrained from taking any coercive action against the petitioners.

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Any other order which this Hon’ble Court thinks fit may kindly be passed in favour of the petitioners.”

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The petitioners, present in person, have submitted that they are major and as per their own will have married to each other but the family members of the petitioner No.1 are annoyed with their marriage and have threatened them with dire consequences, therefore, adequate police protection be provided to them.

¶22

Having heard 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, Nagaur narrating their grievance. It is expected that if any such representation is moved on behalf of the petitioners, the Superintendent of Police, Nagaur shall consider the same and after analysing the threat perception to the life and liberty of the petitioners, may pass necessary order, if requires so.

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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 made 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.

¶25

(VIJAY BISHNOI)J.

¶26

Taruna

Mamta Choudhary and Anr. v. State and Ors.

Case brief

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Mamta Choudhary and Anr. v. State and Ors.

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