Dismissed

Ravina Saini W/O Sharvan Kumar D/O Dayaram v. State of Rajasthan

Rajasthan HC8 Feb 2021CRLW/212/2021

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition seeking protection of life and liberty under Section 482 CrPC for two major individuals who married out of free will and faced threats from relatives. The Court directed police to treat the petition as a complaint and ensure safe passage.

What did the court decide?

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

Ravina Saini W/O Sharvan Kumar D/O… — 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. 212/2021

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Ravina Saini W/o Sharvan Kumar D/o Dayaram, Aged About 20 Years, R/o Vill. Vijaypura Tehsil Chirawa Distt. Jhunjhunu Raj. Presently R/o Vill. Ajeetpura Tehsil Chirawa Distt. Jhunjhunu Raj.

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Sharvan Kumar S/o Heera Singh, Aged About 26 Years, R/o Vill. Ajeetpura Tehsil Chirawa Distt. Jhunjhunu Raj.

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----Petitioners

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Versus

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State Of Rajasthan, Through The 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 Bagar Distt. Jhunjhunu Raj.

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Dayaram Saini S/o Sukhram Saini, R/o Vill. Vijaypura Tehsil Chirawa Distt. Jhunjhunu Raj. (Father Of The Petitioner No. 1)

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Rohitash Saini S/o Liladhar Saini, R/o Vill. Vijaypura Tehsil Chirawa Distt. Jhunjhunu Raj. (Uncle Of The Petitioner No. 1)

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Rajesh Saini S/o Pooranmal Saini, R/o Vill. Bagar Distt. Jhunjhunu Raj. [Uncle (Mama) Of The Petitioner No. 1]

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Rajveer S/o Tikuram, R/o Vill. Ajeetpura Tehsil Chirawa Distt. Jhunjhunu Raj. [Uncle (Tau) Of The Petitioner No. 2]

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----Respondents

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For Petitioner(s) : Mr. Sudhir Yadav and Ms. Arti Goyal for Mr. Bhartesh Joshi

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For Respondent(s) : Mr. F.R. Meena, PP Mr. F.C. Saini for respondent no.5 Mr. Suresh Kumar, H.C. No.2560, Mr. Dharmpal Sharma, Constable-193 and Ms. Suman, Constable-1482, Police Station Bagar, Distt. Jhunjhunu.

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(2 of 3)

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[CRLW-212/2021]

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order

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08/02/2021

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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 solemnized marriage with each other on 27.01.2021 at Arya Samaj Jan Sewa Samiti (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 counsel appearing for the respondent no.5 submitted that marriage between the parties is not out of free will of the petitioner no.1.

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The petitioner, Ravina Saini aged about 20 years is present in Court and expressed that she has married with the petitioner no.2 out of her free fill.

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Learned Public Prosecutor submits that appropriate directions may be issued.

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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

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(3 of 3)

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[CRLW-212/2021]

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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 and the objection raised by the respondent no.5, 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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The police team of Police Station Bagar, District Jhunjhunu, present in Court, is directed to ensure safe passage of the petitioners from the premises of Rajasthan High Court Bench, Jaipur to their place of residence Village Ajeetpura, Tehsil – Chirawa, District Jhunjhunu.

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(MAHENDAR KUMAR GOYAL),J

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MADAN MEENA /91

Ravina Saini W/O Sharvan Kumar D/O Dayaram v. State of Rajasthan

Case brief

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Ravina Saini W/O Sharvan Kumar D/O Dayaram v. State of Rajasthan

Case brief

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