Allowed

Khushi Khan D/O Shri Mobin Khan W/O Shri Ravi Kumar Sain v. State of Rajasthan

Rajasthan HC10 Sept 2021CRLMP/4208/2021

Case brief

AI extract

What is this about?

This criminal miscellaneous petition, filed under Section 482 Cr.P.C. for protection of life and liberty, was allowed. The High Court directed the Station House Officer to treat the petition as a complaint, conduct an enquiry, and take necessary preventive measures to ensure the safety of the petitioners after receiving the petition copies via email.

What did the court decide?

Direction to the Station House Officer to treat the petition as a complaint, conduct an enquiry, and take necessary preventive measures to ensure safety and security of the petitioners.

Khushi Khan D/O Shri Mobin Khan W/O Shri Ravi Kumar… — Service and Employment | 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. 4208/2021

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Khushi Khan D/o Shri Mobin Khan W/o Shri Ravi Kumar Sain, Aged About 19 Years, R/o De-15 Double Storey Mandir Road Vidhyadhar Nagar Police Station Vidhyadhar Nagar Jaipur (Raj.) At Present R/o Plot No. 10 Central Colony Road No. 9 Vishwakarma Area Sikar Road Jaipur Police Station Murlipura Jaipur (Raj.)

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Ravi Kumar Sain S/o Shri Hazari Lal Sain, Aged About 23 Years, At Present R/o Plot No. 10 Central Colony Road No. 9 Vishwakarma Area Sikar Road Jaipur Police Station Murlipura 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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Director General Of Police, Rajasthan Jaipur

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Commissioner Of Police, Jaipur Metropolitan Jaipur (Raj.)

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S.h.o., Police Station Murlipura Jaipur Metropolitan Jaipur (Rajasthan)

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Mobin Khan S/o Shri Munshi Khan, Aged About 42 Years, R/o De-15 Double Storey Mandir Road Vidhyadhar Nagar Police Station Vidhyadhar Nagar Jaipur (Raj.)

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Smt. Farjana Khan W/o Shri Mobin Khan, Aged About 40 Years, R/o De-15 Double Storey Mandir Road Vidhyadhar Nagar Police Station Vidhyadhar Nagar Jaipur (Raj.)

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Mohisin Qureshi S/o Shri Mobin Khan, Aged About 24 Years, R/o De-15 Double Storey Mandir Road Vidhyadhar Nagar Police Station Vidhyadhar Nagar Jaipur (Raj.)

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Saleem Qureshi S/o Mohammad Hussain, Aged About 37 Years, R/o De-15 Double Storey Mandir Road Vidhyadhar Nagar Police Station Vidhyadhar Nagar Jaipur (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Deen Dayal Sharma For Respondent(s) : Mr. Ganesh Saini, PP Mr. Azad Ahmed

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(2 of 3)

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[CRLMP-4208/2021]

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HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

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Order

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10/09/2021

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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 were unmarried earlier. They have performed marriage with each other, 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.

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Learned counsel for the private respondents has submitted that statement of petitioner No. 1 may be recorded before granting protection to the petitioners.

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Heard. Considered.

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Since the petition has been filed jointly by both the petitioners along with photographs of performing marriage and other documents, therefore, no need to record the statements of any of the petitioners particularly in view of the order being passed hereinafter.

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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

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(3 of 3)

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[CRLMP-4208/2021]

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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. 9. 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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SAHIL SONI /09

Khushi Khan D/O Shri Mobin Khan W/O Shri Ravi Kumar Sain v. State of Rajasthan

Case brief

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Khushi Khan D/O Shri Mobin Khan W/O Shri Ravi Kumar Sain v. State of Rajasthan

Case brief

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