Disposed

Smt. Aakansha Agarwal Daughter of Shri Anil Agarwal, Wife of Shri Abhishek Kaushik v. State of Rajasthan

Rajasthan HC6 Jan 2021CRLMP/46/2021

Case brief

AI extract

What is this about?

High Court Bench at Jaipur disposed of an S.B. Criminal Miscellaneous petition under Section 482 Cr.P.C. directing the police to treat the petition as a complaint, conduct an enquiry, and take preventive measures to ensure the safety of the petitioners based on their life and liberty being in danger.

What did the court decide?

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

Smt. Aakansha Agarwal Daughter of… — 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. 46/2021

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Smt. Aakansha Agarwal Daughter Of Shri Anil Agarwal, Wife Of Shri Abhishek Kaushik, Aged About 24 Years, Resident Of 16, Jagdamba Colny, Naya Khera, Ambabari, Opposite Khandelwal Towers, Jaipur (Raj.), At Present Resident Of D-40, Madho Singh Circle, Banipark, Jaipur (Raj.)

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Abhishek Kaushik Son Of Shri Vijay Prakash Kaushik, Aged About 26 Years, Resident Of D-40, Madho Singh Circle, Banipark, Jaipur (Raj.)

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----Petitioners

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Versus

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State Of Rajasthan, Through P.P.

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The Director General Of Police, Jaipur (Raj.)

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The Commissioner Of Police, Jaipur (Raj.)

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The Station House Officer, Police Station Vidyadhar Nagar, District Jaipur (Raj.)

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Anil Agarwal Son Of Radhey Shyam Agrawal, Resident Of 16, Jagdamba Colny, Naya Khera, Ambabari, Opposite Khandelwal Towers, Jaipur (Raj.)

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Akshat Agarwal Son Of Shri Anil Agarwal, Resident Of 16, Jagdamba Colny, Naya Khera, Ambabari, Opposite Khandelwal Towers, Jaipur (Raj.)

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Radheyshyam Agarwal Son Of Shri Ramswaroop Agarwal, Resident Of 16, Jagdamba Colny, Naya Khera, Ambabari, Opposite Khandelwal Towers, Jaipur (Raj.)

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Sangeeta Agarwal Son Of Shri Anil Agarwal, Resident Of 16, Jagdamba Colny, Naya Khera, Ambabari, Opposite Khandelwal Towers, Jaipur (Raj.)

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----Respondents

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For Petitioner(s) : Ms. Sunita Sharma through VC For Respondent(s) : Mr. Prashant Sharma, PP

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(2 of 3)

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[CRLMP-46/2021]

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HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

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Order

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06/01/2021

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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, 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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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-46/2021]

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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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RAHUL CHHIKARA /95

Smt. Aakansha Agarwal Daughter of Shri Anil Agarwal, Wife of Shri Abhishek Kaushik v. State of Rajasthan

Case brief

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Smt. Aakansha Agarwal Daughter of Shri Anil Agarwal, Wife of Shri Abhishek Kaushik v. State of Rajasthan

Case brief

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