The High Court disposed of a Criminal Misc. petition filed for protection under Article 21. It directed police to treat the matter as a complaint and ensure safety without prejudicing any criminal investigation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
----Petitioners Versus
----Respondents For Petitioner(s) : Mr. Aniket Sharma For Respondent(s) : Mr. Riyasat Ali, PP
HON'BLE MR. JUSTICE SATISH KUMAR SHARMA
Order
13/08/2020
This Petition has been filed under Section 482 Cr.P.C. for protection to life and personal liberty of the petitioners.
Learned counsel for the petitioners submits that both the petitioners are major and performed marriage with each other, but the family members are not happy with their marriage and they
(2 of 2)
[CRLMP-2442/2020]
are threatening the petitioners. Therefore, police protection may be granted to them.
Learned Public Prosecutor submits that appropriate directions may be passed in the matter.
Article 21 of the Constitution of India guarantees fundamental right to every person for protection of his life and personal liberty except according to procedure established by law. Therefore, without expressing any opinion on the genuineness or correctness of the allegations made by the petitioners, this petition is disposed of with the direction that learned counsel for the petitioners shall send a copy of the petition along with its annexures to the Station House Officer of concerned Police Station through e-mail, and on receipt of the same, the Station House Officer concerned shall treat this petition as complaint and he shall take necessary preventive measures and other steps to ensure safety and security of the petitioners in accordance with law.
However, as a precautionary note, it is made clear that this order shall not come in the way of investigation of the Criminal case, if any, and such case would take its own course as per law.
(SATISH KUMAR SHARMA),J
FAHEEM AHMAD /2
1 issue framed by the court
Whether to grant protection to petitioners facing threats from family members regarding their marriage.
Colour shows how this judgement treated each authority
Constitution of IndiaReferred¶22
Anita Sharma
Deen Dayal Sharma
State Of Rajasthan
Satish Kumar Sharma
As recorded by the court registry
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