Disposed

Lata v. State of Rajasthan

Rajasthan HC5 Aug 2022CRLMP/4949/2022

Case brief

AI extract

What is this about?

This High Court disposed of a criminal miscellaneous petition seeking police protection under Section 482 CrPC for a married couple facing family opposition. Without specific threat instances, the court directed parties to file a representation with the Superintendent of Police before granting security.

What did the court decide?

Directed parties to file a representation before the Superintendent of Police detailing their apprehension for consideration of security measures.

Lata Vs State of Rajasthan — Matrimonial and Divorce | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Criminal Misc(Pet.) No. 4949/2022

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Lata D/o Ramesh Lal W/o Mahendra Nayak, Aged About 18 Years, R/o Vill. Underthal Tehsil Desuri Dist. Pali Raj. Presently R/o At Bhopa Ka Badiya Butiwas Tehsil Raipur Dist. Pali Raj.

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Mahendra Nayak S/o Govind Ram Ji, Aged About 22 Years, R/o Bhopa Ka Badiya Butiwas Tehsil Raipur Dist. Pali Raj.

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----Petitioners

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Versus

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State Of Rajasthan, Through Secretary Deptt. Of Home Govt. Of Raj. Jaipur Raj.

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The Superintendent Of Police, Pali Raj.

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The S.h.o., Ps Raipur Dist. Pali Raj.

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Manju Devi W/o Ramesh Lal, R/o Vill. Underthal Tehsil Desuri Dist. Pali

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Ramesh Lal S/o Ranchod Das, R/o Vill. Underthal Tehsil Desuri Dist. Pali

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Govind Ram S/o Mangla Ram, R/o Butiwas Tehsil Raipur Dist. Pali Raj.

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Kuki Devi W/o Govind Ram, R/o Butiwas Tehsil Raipur Dist. Pali Raj.

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Laxman S/o Govind Ram, R/o Butiwas Tehsil Raipur Dist. Pali Raj.

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Sethu S/o Govind Ram, R/o Butiwas Tehsil Raipur Dist. Pali Raj.

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----Respondents For Petitioner(s) : Mr. Awar Dan Ujjwal For Respondent(s) : Mr. Mohd. Javed Gauri, PP

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JUSTICE DINESH MEHTA

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Order

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05/08/2022

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The petitioners have preferred the present misc. petition under Section 482 of the Code of Criminal Procedure, 1973 for issuance of necessary directions to the respondent authorities to provide adequate security and protection to them, as they are

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(2 of 3)

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[CRLMP-4949/2022]

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facing grave threat of life and liberty at the hands of private respondent(s).

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Learned counsel for the petitioners submits that the petitioners are of major age and they solemnized their marriage of their own free will. However, their family members are not agreeable to their marriage and have threatened them of dire consequences.

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He prays that adequate police protection be provided to them.

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Though no specific instance or imminent threat has been pleaded but considering the submissions made by learned counsel for the petitioners and having regard to the facts and circumstances of the case, this Court is of the opinion that if the petitioners are having any apprehension or threat perception about their life and liberty from their relatives, they may move appropriate representation before the Superintendent of Police, Pali indicating their concern with the name(s) of probable assailants.

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If any such representation is moved by the petitioners, the Superintendent of Police, Pali shall consider the same and after analysing the factual situation pass necessary orders or take action to ward off any untoward incident.

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It is hereby clarified that this order may not be construed to be a validation of petitioners’ marriage and proof of their age. Any observation made herein shall not affect any criminal or civil proceedings initiated against the petitioners, at the instance of their relatives.

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With these observations, this criminal misc. petition is disposed of.

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(3 of 3)

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[CRLMP-4949/2022]

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The stay application also stands disposed of accordingly.

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(DINESH MEHTA),J

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100-akansha/-

Lata v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Lata v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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