Disposed

Reshma D/O Barkat Ali v. State of Rajasthan

Rajasthan HC9 Feb 2021CRLMP/575/2021

Case brief

AI extract

What is this about?

High Court of Rajasthan granted police protection to two major petitioners who performed a Nikah against the wishes of the complainant. The court directed the SHO to treat the petition as a complaint and ensure safety without prejudicing potential civil or criminal proceedings.

What did the court decide?

Direction to Station House Officer to treat the petition as a complaint after receipt via post/email, take preventive measures to ensure the safety and security of the petitioners.

Reshma D/O Barkat Ali Vs State of Rajasthan — 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. 575/2021

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Reshma D/o Barkat Ali, Aged About 18 Years, R/o N.H. 04, Thathar Road, Royal Nagar, Amer, Amber, Jaipur (Raj) At Present Residing At 0, Near Masjid, Suroth, Karauli (Raj)

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Shahid Khan S/o Khalil Khan, Aged About 21 Years, R/o 0, Near Masjid, Suroth, Karauli, (Raj)

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----Petitioners

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Versus

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State Of Rajasthan, Through PP.

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----Respondent

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Barkat Ali S/o Abdul Gafur, Aged About 50 Years, R/o Rehmat Nagar, Thatar Road, Police Station Amer, Jaipur.

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----Respondent/Complainant

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For Petitioner(s)	: Mr. Asad Ul HaqNooree
For Respondent(s)	: Mr. F.R. Meena,P.P.

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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09/02/2021

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This petition has been filed under Section 482 of CrPC for protection of life and personal liberty of the petitioners.

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Learned counsel for the petitioners submits that both the petitioners being major, have performed nikah with each other on 10.01.2021 as per Muslim Law at Karauli in presence of witnesses; but, the private respondent is not happy with their marriage and is 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.

(2 of 3)

[CRLMP-575/2021]

Heard. Considered.

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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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 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 registered post/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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(3 of 3)

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[CRLMP-575/2021]

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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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(MAHENDAR KUMAR GOYAL),J

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DANISH USMANI /97

Reshma D/O Barkat Ali v. State of Rajasthan

Case brief

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Reshma D/O Barkat Ali v. State of Rajasthan

Case brief

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