Disposed

Smt. Snehlata Jain Daughter of Shri Padam Chand Jain, Wife of Shri Ashok Pareek v. State of Rajasthan

Rajasthan HC4 Sept 2021CRLMP/5076/2021

Case brief

AI extract

What is this about?

The High Court disposed of a Section 482 CrPC petition filed by two individuals for police protection due to threats arising from their inter-se marriage. Upholding the right to life and liberty against social objections, the court directed the SHO to treat the petition as a complaint and take preventive measures for safety.

What did the court decide?

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

Smt. Snehlata Jain Daughter of Shri Padam… — 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. 5076/2021

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Smt. Snehlata Jain Daughter Of Shri Padam Chand Jain, Wife Of Shri Ashok Pareek, Aged About 31 Years, Resident Of Plot No.15, Suraj Nagar-II, Dadabari Road, Sanganer, Police Station Malpura Gate, Jaipur (Raj.)

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Ashok Pareek Son Of Shri Dwarka Prasad, Aged About 32 Years, Resident Of No. 288-K, Gurudev Nagar, Station Marg, Dadawadi, Sanganer, 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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The Director General Of Police, Police Head Quarter, Lalkothi, Jaipur (Raj.)

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Additional Commissioner Of Police, Jaipur East, Jaipur.

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Superintendent Of Police, Sikar, District Sikar (Raj.)

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The Station House Officer, Police Station Malpura Gate, District Jaipur East, Jaipur (Raj.)

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The Station House Officer, Police Station Sadar Sikar, District Sikar (Raj.)

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Padam Chand Jain Son Of Shri Rodumal, Resident Of Plot No. 15, Suraj Nagar-Ii, Dadabadi Road, Sanganer, Jaipur (Raj.)

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Kanta Devi Wife Of Shri Padam Chand Jain, Resident Of Plot No. 15, Suraj Nagar-Ii, Dadabadi Road, Sanganer, Jaipur (Raj.)

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Devendra Jain Son Of Shri Padam Chand Jain, Resident Of Plot No. 15, Suraj Nagar-Ii, Dadabadi Road, Sanganer, Jaipur (Raj.)

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Pawan Jain Son Of Shri Padam Chand Jain, Resident Of Plot No. 15, Suraj Nagar-Ii, Dadabadi Road, Sanganer, Jaipur (Raj.)

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----Respondents

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For Petitioner(s)	: Mr.	V.P. Singh Bairwa
For Respondent(s)	: Mr.	Ganesh Saini, PP

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(2 of 3)

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[CRLMP-5076/2021]

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HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

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Order

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04/09/2021

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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, they were unmarried and now 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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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-5076/2021]

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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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SAHIL/57

Smt. Snehlata Jain Daughter of Shri Padam Chand Jain, Wife of Shri Ashok Pareek v. State of Rajasthan

Case brief

What is this about?

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Smt. Snehlata Jain Daughter of Shri Padam Chand Jain, Wife of Shri Ashok Pareek v. State of Rajasthan

Case brief

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