This court dismissed an application filed to recall an order dated 09.02.2021 that granted protection to petitioners in a live-in relationship. The court held that the protection order did not impede unrelated investigation proceedings.
The criminal miscellaneous application for recalling the protection order was dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Application No. 101/2021
IN
S.B. Criminal Miscellaneous Petition No.1046/2021
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Rahul Tiwari with Mr. Manjeet Kumar For Respondent(s) : Mr. S.S. Ola, PP
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
09/04/2021
This application under Section 482 CrPC has been filed for recalling the order dated 09.02.2021 passed by this Court in S.B. Criminal Miscellaneous Petition No.1046/2021.
Learned counsel for the applicant submitted that the criminal miscellaneous petition seeking protection of life and liberty of the
(2 of 2)
[CRLMA-101/2021]
petitioners came to be filed with incorrect facts inasmuch as the applicant happens to be wife of the petitioner No.2. He submitted that on account of the order dated 09.02.2021, the Investigating Agency is not proceeding in the FIR No.53/2021 lodged by her at Police Station Govindgarh, District Jaipur Rural. He, therefore, prayed for recalling the order.
Heard learned counsel for the petitioners and perused the record.
A perusal of the order dated 09.02.2021 reveals that it has not been influenced by the averment in the petition that both the petitioners were unmarried. It was represented before this Court they are major, were in live-in relationship and were facing danger to their life and liberty on account of this relationship. Insofar contention of the learned counsel for the applicant that the order dated 09.02.2021 is coming in way of investigation in FIR lodged by her, suffice it to say that it has categorically been observed in its order by this Court that this order shall not come in way of civil/criminal case, if any, and such case would take its own course as per law.
In these circumstances, there is no merit in the application for recalling the order dated 09.02.2021.
Resultantly, this criminal miscellaneous application is dismissed.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/126
1 issue framed by the court
Whether the criminal miscellaneous application seeking recall of the order granting protection to the petitioners should be allowed.
1 provisions across 1 enactments
Sunita Saini
Subhash Chand Barala
State Of Rajasthan
Superintendent Of Police, Jaipur
SHO, Police Station Amarsar
SHO, Police Station Govindgarh
MAHENDAR KUMAR GOYAL
As recorded by the court registry
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