Disposed

Smt. Rupa and Anr. v. State and Ors.

Rajasthan HC9 Jan 2018CW/464/2018

Case brief

AI extract

What is this about?

In a writ petition seeking police protection and non-interference in marital life by relatives, the single-judge High Court directed petitioners to approach the Superintendent of Police with a formal representation. The court reserved final assessment of threat perception to the S.P. and explicitly stated the order does not affect any civil or criminal proceedings.

What did the court decide?

Petitioners directed to move representation to Superintendent of Police; no immediate protection granted; stay petition disposed.

Smt. Rupa 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. Civil Writ Petition No. 464 / 2018

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Smt. Rupa W/o Hera Lal D/o Pappu Ram Ji, Aged About 18 Years

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Heera Lal S/o Ruparam, Aged About 23 Years, Both Are R/o Behind Shiv Temple, Shiv Badi, Ambedkar Colony, Bikaner (Rajasthan)

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----Petitioners

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Versus

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

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Director General of Police, Govt. of Rajasthan Police Head Quarter, Jaipur.

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The Superintendent of Police, Bikaner.

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The S.H.O., Police Station, Jai Narain Vyas Colony, District Bikaner.

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The S.H.O., Police Station, Gajner, District Bikaner.

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Pappu Ram S/o Padmaram, By Caste Kumhar R/o Ward No. 09, Khari Charnan Tehsil Kolayat District Bikaner.

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Jagdish S/o Pappuram, R/o Ward No. 09, Khari Charnan Tehsil Kolayat District Bikaner.

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Saturam S/o Tanaram Ji, R/o Govindsar District Bikaner

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Bhagirath S/o Tanaram Ji, R/o Govindsar District Bikaner

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Ashok S/o Bhagwana Ram Ji, R/o Khari Charnan Tehsil Kolayat District Bikaner.

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----Respondents

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For Petitioner(s) : Mr. Pritam Joshi

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Smt. Rupa, Shri Heera Lal, petitioners, present in person.

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HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

09/01/2018

(2 of 3)

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 in the light of the above mentioned facts and circumstances, it is therefore most respectfully and humbly prayed that :

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a) by an appropriate writ, order or directions, the respondents authorities be directed to provide police protection to the petitioners.

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b) by an appropriate, writ order or direction, it may be directed to the private respondents to not to interfere within the peaceful marital life of petitioners.

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c) by an appropriate, writ order or direction, it may kindly be directed that if any case is lodged against the petitioner No.2 and his family members by the private respondents and other family members, the official respondents be directed to give notice to the petitioners before taking any action on the said case and they may be further restrained from taking any coercive action against the petitioners.

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d) any other appropriate order or direction which this Hon’ble Court deems just and proper in the peculiar facts and circumstances of this case may be passed in favour of the petitioners.

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e) costs of the writ petition may kindly be awarded to 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 the family members of the petitioners are annoyed

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(3 of 3)

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with their marriage and had 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 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 petitioners, they may move appropriate representation before the Superintendent of Police, Bikaner 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, Bikaner 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 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. Stay petition also stands disposed of.

¶38

Ms rathore

Smt. Rupa and Anr. v. State and Ors.

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Smt. Rupa and Anr. v. State and Ors.

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