Allowed

Poonam Shrivas D/O Shri Dileep Kumar, W/O Shri Sunder Lal Gurjar v. State of Rajasthan

Rajasthan HC10 Aug 2020CRLMP/544/2020

Case brief

AI extract

What is this about?

This court granted police protection to two petitioners under Section 482 Cr.P.C. and Article 21 following threats from family members against their marriage. The station house officer must treat the petition as a complaint while ensuring criminal investigation proceeds.

What did the court decide?

Petition disposed of with direction to Station House Officer to treat petition as complaint and take necessary preventive measures to ensure safety of petitioners.

Poonam Shrivas D/O Shri Dileep… — Constitutional and Fundamental Rights | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 544/2020

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Poonam Shrivas D/o Shri Dileep Kumar, W/o Shri Sunder Lal Gurjar, Aged About 19 Years, R/o 593, Modi Ka Purva, Gram Panchayat Ballan, Tehsil Attara, District Banda, Uttar Pradesh, At Present R/o Nangal Panditpura, Tehsil Kotputli, District Jaipur, Raj.

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Sunder Lal Gurjar S/o Shri Chiranji Lal Gurjar, Aged About 23 Years, R/o Nangal Panditpura, Tehsil Kotputli, District Jaipur, Raj.

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp.

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Superintendent Of Police, Jaipur Rural, Raj.

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Station House Officer, Police Station Kotputli, District Jaipur, Raj.

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Dileep Kumar S/o Shri Parag Din, R/o 593, Modi Ka Purva, Gram Panchayat Ballan, Tehsil Attara, District Banda, Uttar Pradesh.

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----Respondents

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For Petitioner(s) : Mr. Shailender Singh Balwada through V.C. For Respondent(s) : Mr. Riyasat Ali, PP

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HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

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Order

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10/08/2020

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This Petition has been filed under Section 482 Cr.P.C. for protection to life and personal liberty of the petitioners.

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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

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(2 of 2)

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[CRLMP-544/2020]

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are threatening the petitioners. Therefore, police protection may be granted to them.

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Learned Public Prosecutor submits that appropriate directions may be passed in the matter.

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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.

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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.

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(SATISH KUMAR SHARMA),J

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FAHEEM AHMAD /5

Poonam Shrivas D/O Shri Dileep Kumar, W/O Shri Sunder Lal Gurjar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Poonam Shrivas D/O Shri Dileep Kumar, W/O Shri Sunder Lal Gurjar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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