Disposed

Sambhav Rajan S/O Shri Chandra Praksh Rajan v. State of Rajasthan

Rajasthan HC7 Jan 2021CRLMP/2/2021

Case brief

AI extract

What is this about?

The High Court issued directions under CrPC 190 for police protection to petitioners facing threats related to their marriage. The court relied on Supreme Court precedents protecting the liberty of adults, directing SHO to treat the petition as a complaint.

What did the court decide?

Direction to the police to treat the petition as a complaint, conduct an enquiry, and take steps to ensure the safety and security of the petitioners.

Sambhav Rajan S/O Shri Chandra Praksh Rajan… — Civil Procedure and Limitation | 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. 2/2021

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Sambhav Rajan S/o Shri Chandra Praksh Rajan, Aged About 28 Years, R/o 384 Vardhman Nagar, Near Railway Crossing Hindaun Karoli At Present R/o At Present R/o House Number 29-D-62, Pratap Nagar Sanganer Jaipur.

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Sanju Kumari Sharma D/o Late Shri Liladhar Sharma W/o Shri Sambhav Rajan, Aged About 26 Years, R/o Shahjad Pura, Salempura Kala Distt. Bharatpur Raj. At Present R/o House Number 29-D-62, Pratap Nagar, Sanganer Jaipur.

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----Petitioners

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Versus

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

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Superintendent Of Police Bharatpur Distt. Bharatpur, Raj.

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Superintendent Of Police Karoli Distt. Karoli, Raj.

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S.H.O. Police Station Bhusawar, Distt. Bharatpur, Raj.

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S.H.O. Police Station Hindaun City Distt. Karoli, Raj.

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S.H.O. Police Station Pratap Nagar, Jaipur Metropolitan Jaipur, Raj.

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Deepak S/o Late Shri Leeladhar, R/o Shahjad Pura, Salempur Kala, Distt. Bharatpur Raj.

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----Respondents

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For Petitioner(s)	: Mr. Prakash Chand Thakuriya through VC
For Respondent(s)	: Mr. Ramesh Chaudhary, PP

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HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

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Order

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07/01/2021

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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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(2 of 3)

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[CRLMP-2/2021]

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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, but the private respondent 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.

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In view of the order intended to be passed in the petition, being non-prejudicial to the private respondent, no notice is required against him.

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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 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

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(3 of 3)

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[CRLMP-2/2021]

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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 /4

Sambhav Rajan S/O Shri Chandra Praksh Rajan v. State of Rajasthan

Case brief

What is this about?

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Sambhav Rajan S/O Shri Chandra Praksh Rajan v. State of Rajasthan

Case brief

What is this about?

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