Dismissed

Smt. Shivani Mahawar W/O Mahesh D/O Deendayal v. State of Rajasthan

Rajasthan HC7 Dec 2022CRLW/898/2022

Case brief

AI extract

What is this about?

Writ petition seeking police protection and directions against threats to petitioners' lives by private persons. Court directed petitioners to approach SHO with specific names if threats exist without validating marriage.

What did the court decide?

Petitioners directed to move representation to SHO if apprehension exists; order does not validate marriage.

Smt. Shivani Mahawar W/O Mahesh D/O Deendayal Vs… — Service and Employment | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Writ Petition No. 898/2022

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Smt. Shivani Mahawar W/o Mahesh D/o Deendayal, Aged About 20 Years, R/o Baler Road, Tehsil Khandar, District Sawai Madhopur, At Present R/o Vill. Barod, Tehsil Khandar, District Sawai Madhopur.

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Mahesh Mahavar S/o Shri Ramjilal, Aged About 22 Years, R/o Vill. Barod, Tehsil Khandar, District Sawai Madhopur.

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----Petitioners

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Versus

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1. State Of Rajasthan, Through Secretary Department Of Home, Secretariat, Jaipur.

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The Superintendent Of Police, District Sawai Madhopur.

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The Station House Officer, Police Station Khandar, R/o Vill. Barod, Tehsil Khandar, District Sawai Madhopur.

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Deendayal S/o Anandi Lal, R/o Baler Road, Tehsil Khandar District Sawai Madhopur.

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Prem Shankar S/o Anandilal, R/o Baler Road Tehsil Khandar, District Sawai Madhopur.

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Smt. Mano Devi W/o Deendayal, R/o Baler Road Tehsil Khandar, District Sawai Madhopur.

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Rohit S/o Deendayal, R/o Baler Road Tehsil Khandar, District Sawai Madhopur.

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Sonu Mali S/o Ramesh Mali, R/o Baler Road Tehsil Khandar, District Sawai Madhopur.

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----Respondents

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For Petitioner(s) : Mr. Tarun Jain, Adv. For : Mr. Mahendra Meena, P.P. Respondent(s)

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(2 of 3)

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[CRLW-898/2022]

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HON'BLE MR. JUSTICE UMA SHANKER VYAS Order

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07/12/2022

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The petitioners have preferred the present writ petition under Article 226 of the Constitution of India 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 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 Station House Officer, Police Station

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(3 of 3)

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[CRLW-898/2022]

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Khandar, R/o Vill. Barod, Tehsil Khandar, District Sawai Madhopur indicating their concern with the name(s) of probable assailants.

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If any such representation is moved by the petitioners, the Station House Officer, Police Station Khandar, R/o Vill. Barod, Tehsil Khandar, District Sawai Madhopur 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 writ petition is disposed of.

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(UMA SHANKER VYAS),J

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DANISH USMANI /64

Smt. Shivani Mahawar W/O Mahesh D/O Deendayal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Smt. Shivani Mahawar W/O Mahesh D/O Deendayal 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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