Disposed

Teena Kumawat D/O Shri Shankar Lal Kumawat W/O Shri Anand Kaigar v. State of Rajasthan

Rajasthan HC15 Feb 2021CRLMP/772/2021

Case brief

AI extract

What is this about?

In this special criminal miscellaneous petition, the Hon'ble High Court of Rajasthan issued directions under Section 482 CrPC and Article 21 of the Constitution to secure the life and liberty of two major individuals facing threats after their marriage. The petitioners were directed to forward the petition to the SHO to treat it as a complaint for preventive measures, while clarifying that this or

What did the court decide?

Direction to chief police officer to treat the petition as a complaint, conduct inquiry, and take preventive measures to ensure the safety of the petitioners.

Teena Kumawat D/O Shri Shankar Lal Kumawat W/O… — Matrimonial and Divorce | 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. 772/2021

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Teena Kumawat D/o Shri Shankar Lal Kumawat W/o Shri Anand Kaigar, Aged About 23 Years, Resident Of Dhani Kumawato Ki Kumbhapuriya Nangal Koju, Police Station Govindgarh, Tehsil Chomu, District Jaipur Rural, Presently Residing At Bishangarh, Tehsil And Police Station Shahpura, District Jaipur (Rajasthan).

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Anand Karigar S/o Shri Kailash Chand Karigar, Aged About 23 Years, Resident Of Bishangarh, Tehsil And Police Station Shahpura, District Jaipur (Rajasthan).

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----Petitioners

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Versus

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

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The Superintendent Of Police, Jaipur Rural, Rajasthan.

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SHO, Police Station Manoharpura, District Jaipur Rural, Rajasthan.

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Shankar Lal Kumawat S/o Shri Ramchandra Kumawat, Resident Of Dhani Kumawato Ki Kumbhapuriya Nangal Koju, Police Station Govindgarh, Tehsil Chomu, District Jaipur Rural (Rajasthan).

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Sunil Kumar S/o Shri Shankar Lal Kumawat, Resident Of Dhani Kumawato Ki Kumbhapuriya Nangal Koju, Police Station Govindgarh, Tehsil Chomu, District Jaipur Rural (Rajasthan).

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Lokesh Kumar S/o Shri Shankar Lal Kumawat, Resident Of Dhani Kumawato Ki Kumbhapuriya Nangal Koju, Police Station Govindgarh, Tehsil Chomu, District Jaipur Rural (Rajasthan).

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----Respondents

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For Petitioner(s) : Mr. Mamraj Jat For Respondent(s) : Mr. F.R. Meena, PP

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

(2 of 3)

[CRLMP-772/2021]

15/02/2021

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 solemnized marriage with each other on 22.01.2021 at Vedic Samaj Kalyan Samiti which has been registered on the same day with the Marriage Registration Officer, SRO-V^th , Ghaziabad (U.P.); but, the private respondents 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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Heard. Considered.

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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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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

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(3 of 3)

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[CRLMP-772/2021]

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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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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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Manish/125

Teena Kumawat D/O Shri Shankar Lal Kumawat W/O Shri Anand Kaigar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Teena Kumawat D/O Shri Shankar Lal Kumawat W/O Shri Anand Kaigar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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