Disposed

Mahadevi Wife of Subhash Kumar Kumawat D/O Laxman Naik v. State of Rajasthan

Rajasthan HC8 Jan 2021CRLMP/15/2021

Case brief

AI extract

What is this about?

The court disposed of a Criminal Miscellaneous Petition under Section 482 Cr.P.C. regarding protection of life and liberty of two major adults facing family opposition to their marriage, directing the police to treat the petition as a complaint and ensure safety without expressing an opinion on the allegations.

What did the court decide?

Direction to counsel to send petition copy to SHO via email for the SHO to treat it as a complaint and take necessary preventive measures.

Mahadevi Wife of Subhash Kumar… — Constitutional and Fundamental Rights | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 15/2021

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Mahadevi Wife of Subhash Kumar Kumawat D/o Laxman Naik, Aged About 18 Years, R/o Mal Area Khatav District Sangli Maharashtra-416401 Presently R/o Kumawaton Ki Dhani, Prithvipura District Sikar-332402 (Rajasthan)

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Subhash Kumar Kumawat S/o Gyarsi Lal Kumawat, Aged About 27 Years, R/o Kumawaton Ki Dhani, Prithvipura District Sikar-332402 (Rajasthan)

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----Petitioners

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Versus

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State of Rajasthan, Through Secretary Home Department, Government Of Rajasthan, Secretariat, Jaipur.

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Superintendent Of Police, Sikar (Raj.)

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Station House Officer, Police Station Ranoli, District Sikar.

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Laxman Naik S/o Parsaram, R/o Mal Area Khatav District Sangli Maharashtra-416401

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Hira Bai W/o Laxman Naik, R/o Mal Area Khatav District Sangli Maharashtra-416401

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Raju S/o Laxman Naik, R/o Mal Area Khatav District Sangli Maharashtra-416401

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Gyarsilal Kumawat S/o Ganpatram, R/o Kumawaton Ki Dhani, Prithvipura, Sikar (Rajasthan)-332402

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Mohini Devi W/o Gyarsilal Kumawat, R/o Kumawaton Ki Dhani, Prithvipura, Sikar (Rajasthan)-332402

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Bhagirathmal S/o Gyarsilal Kumawat, R/o Kumawaton Ki Dhani, Prithvipura, Sikar (Rajasthan)-332402

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Mahaveer Prasad S/o Gyarsi Lal Kumawat, R/o Kumawaton Ki Dhani, Prithvipura, Sikar (Rajasthan)332402

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----Respondents

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For Petitioner(s)	: Mr. Vidhut Kumar Gupta through VC
For Respondent(s)	: Mr. Ramesh Chaudhary, PP

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(2 of 3)

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[CRLMP-15/2021]

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HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

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Order

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08/01/2021

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

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Heard learned counsel for both the sides and perused the material made available on record.

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Learned counsel for the petitioners submits that both the petitioners are major and have performed marriage with each other and their marriage is registered, but the private respondents and others are not happy with their marriage and they are threatening the petitioners. Given that their life and liberty is in danger, police protection may be granted to them.

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Learned Public Prosecutor submits that appropriate directions may be issued. 5. In view of the order intended to be passed in the petition, being non-prejudicial to the private respondents, no notices are required against them.

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Heard. Considered.

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It is well settled legal position as expounded by the Hon’ble Supreme Court of India in Lata Singh Vs. State of UP [AIR 2006 SC 2522], S. Khushboo Vs. Kanniammal [(2010) 5 SCC 600], Indra Sarma Vs. VKV Sarma [(2013) 15 SCC 755] and Shafin Jahan vs. Asokan KM & Ors. [(2018) 16 SCC 368] that the society cannot determine how individuals live their lives, especially when they are major, irrespective of the fact that the relation between two major individuals may be termed as unsocial. Thus, life and personal liberty of the individuals has to be protected except according to procedure established by law, as

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(3 of 3)

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[CRLMP-15/2021]

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mandated by Article 21 of the Constitution of India. Further, as per Section 29 of Rajasthan Police Act, 2007 every police officer is duty bound to protect the life and liberty of the citizens.

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Therefore, in light of above legal position and having regard to the above submissions but 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 it as a complaint and after due enquiry, 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 civil/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 /1

Mahadevi Wife of Subhash Kumar Kumawat D/O Laxman Naik v. State of Rajasthan

Case brief

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Mahadevi Wife of Subhash Kumar Kumawat D/O Laxman Naik v. State of Rajasthan

Case brief

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