Disposed

Anita Kumari D/O Sh. Devi Karan v. State of Rajasthan

Rajasthan HC10 Feb 2021CRLW/110/2021

Case brief

AI extract

What is this about?

The Court granted interim police protection to two petitioners involved in a live-in relationship facing threats, directing the SHO to treat the petition as a complaint and ensure safety under Article 21 and Section 29 of the Rajasthan Police Act, 2007.

What did the court decide?

The petition was disposed of with a direction for the SHO to treat the petition as a complaint and take necessary preventive measures to ensure the safety and security of the petitioners.

Anita Kumari D/O Sh. Devi Karan Vs… — 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 Writ Petition No. 110/2021

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Anita Kumari D/o Sh. Devi Karan, Aged About 27 Years, R/o Vill. Sheshu Sesudulachar PS Bisau Distt. Jhunjhunu At Presently Resides At Ward No. 16 Malsisar PS Malsisar Distt. Jhunjhunu Raj.

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Omprakash S/o Sh. Chayan Ram, Aged About 30 Years, Resides At Ward No. 16 Malsisar PS Malsisar Distt. Jhunjhunu Raj.

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----Petitioners

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Versus

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State Of Rajasthan, Through Principal Secretary Department Of Home Govt. Secretariat Jaipur Raj.

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The Director General Of Police, Rajasthan Police Jaipur Raj.

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The Superintendent Of Police, Jhunjhunu Distt. Jhunjhunu Raj.

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S.H.O., PS Malsisar Distt. Jhunjhunu Raj.

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Mukesh S/o Ramdayal, R/o Vill. Bala Ka Bas PS Bisau Distt. Jhunjhunu

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----Respondents

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For Petitioner(s)	: Mr.	Lokesh Kumar Verma
For Respondent(s)	: Mr.	F.R. Meena, PP

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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10/02/2021

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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, are in live-in relationship in pursuance of agreement dated 12.01.2021; but, the private respondent is not happy with it and is threatening the petitioners. Given that their

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(2 of 3)

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[CRLW-110/2021]

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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 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

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(3 of 3) [CRLW-110/2021]

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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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MADAN MEENA /374

Anita Kumari D/O Sh. Devi Karan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Anita Kumari D/O Sh. Devi Karan v. State of Rajasthan

Case brief

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What did the court decide?

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