Disposed

Kiran Sharma v. State of Rajasthan

Rajasthan HC4 Aug 2022CRLMP/5031/2022

Case brief

AI extract

What is this about?

Single judge order directing petitioners to approach Superintendent of Police with representation regarding apprehended threats from relatives. Court declines to validate marriage or age but directs issuance of protection if representation is filed.

What did the court decide?

Authors to move representation to Superintendent of Police, Bhilwara, indicating names of probable assailants, to seek police protection. Court clarified order does not validate marriage.

Kiran Sharma Vs State of Rajasthan — Constitutional and Fundamental Rights | 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. 5031/2022

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Kiran Sharma W/o Sh. Buddhiprakash Tripathi, D/o Sh. Nanu Ram Sharma, Aged About 23 Years, Near Shiv Mandir, Jodhras, Dist. Bhilwara. Presently R/o 135, Brahmpuri Mohalla, Khamor, Teh. Shahpura, Dist. Bhilwara.

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Budhiprakash Tripathi S/o Sh. Harishankar Tripathi, Aged About 32 Years, R/o 135, Brahmpuri Mohalla, Khamor, Teh. Shahpura, Dist. Bhilwara.

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----Petitioners

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Versus

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State Of Rajasthan, Through The Superintendent Of Police Bhilwara.

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The Sho, P.s. Pratap Nagar, Dist. Bhilwara.

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Yashoda Sharma W/o Sh. Nanu Ram Sharma, Near Shiv Mandir, Jodhras, Dist. Bhilwara.

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----Respondents

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For Petitioner(s) : Mr. Hardik Gautam for Mr. Rakesh Arora For Respondent(s) : Mr. S.K.Bhati, PP

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JUSTICE DINESH MEHTA

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Order

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04/08/2022

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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 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

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(2 of 2)

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[CRLMP-5031/2022]

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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, Bhilwara 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, Bhilwara 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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(DINESH MEHTA),J

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313-akansha/-

Kiran Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kiran Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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