Disposed

Shahnoor Bano D/O Sh. Khaju Khan, W/O Sh. Shivraj, v. State of Rajasthan

Rajasthan HC2 Nov 2023CRLMP/2857/2021

Case brief

AI extract

What is this about?

A criminal miscellaneous petition filed by a couple seeking police protection due to threats from relatives against their marriage. The High Court directed them to approach the Superintendent of Police with a representation and did not validate their marriage.

What did the court decide?

Petitioners directed to move representation to Superintendent of Police regarding threats; Superintendent to analyze facts and pass necessary orders.

Shahnoor Bano D/O Sh. Khaju Khan, W/O Sh. Shivraj… — Matrimonial and Divorce | Rajasthan HC (2023)

¶1

[2023:RJ-JP:32602]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous (Petition) No.

¶4

2857/2021

¶5

Shahnoor Bano D/o Sh. Khaju Khan, W/o Sh. Shivraj, Aged About 24 Years, R/o Deshwaliyo Ka Mohalla, Pachewar District Tonk (Raj). At Present R/o Mala, Bhogadeet, Tehsil Arai, District Ajmer (Raj).

¶6

Shivraj S/o Sh. Mevaram, Aged About 25 Years, R/o Mala, Bhogadeet, Tehsil Arai, District Ajmer (Raj).

¶7

----Petitioners

¶8

Versus

¶9

State Of Rajasthan, Through Secretary, Department Of Home Affairs And Justice, Secretariat Rajasthan, Jaipur (Raj).

¶10

Superintendent Of Police, Ajmer District Ajmer (Raj).

¶11

Superintendent Of Police, Tonk District Tonk (Raj).

¶12

Superintendent Of Police, Jaipur (Rural) Raj.

¶13

Station House Officer, Police Station, Bandarsindari District Ajmer (Raj).

¶14

Station House Officer, Police Station, Pachewar District Tonk (Raj).

¶15

Station House Officer, Police Station, Dudu District Jaipur (Raj).

¶16

Khaju Khan S/o Sh. Bhure Khan, R/o Jato Ka Mohalla, Near Jain Dhamshala, Dudu District Jaipur (Raj).

¶17

Firoj Khan S/o Sh. Khaju Khan, R/o Jato Ka Mohalla, Near Jain Dhamshala, Dudu District Jaipur (Raj).

¶18

Rehana Bano W/o Firoj Khan, R/o Jato Ka

[2023:RJ-JP:32602]

[CRLMP-2857/2021]

(2 of 4)

Mohalla, Near Jain Dhamshala, Dudu District Jaipur (Raj).

¶23

Asraf Ali S/o Khaju Khan, R/o Jato Ka Mohalla, Near Jain Dhamshala, Dudu District Jaipur (Raj).

¶24

Kamaal Khan S/o Sh. Suleman Khan, R/o Deshwali Mohalla, Near Bilal Maszid, Pachewar District Tonk (Raj).

¶25

Rajjak Khan S/o Sh. Kamal Khan., R/o Deshwali Mohalla, Near Bilal Maszid, Pachewar District Tonk (Raj).

¶26

Bhure Khan S/o Sh. Suleman Khan, R/o Deshwali Mohalla, Near Bilal Maszid, Pachewar District Tonk (Raj).

¶27

Jamal Khan S/o Sh. Suleman Khan, R/o Deshwali Mohalla, Near Bilal Maszid, Pachewar District Tonk (Raj).

¶28

Immamudden S/o Sh. Bhure Khan, R/o Deshwali Mohalla, Near Bilal Maszid, Pachewar District Tonk (Raj).

¶29

Iqbal S/o Sh. Bhure Khan, R/o Deshwali Mohalla, Near Bilal Maszid, Pachewar District Tonk (Raj).

¶30

Abdul Kayyum S/o Sh. Bhure Khan, R/o Deshwali Mohalla, Near Bilal Maszid, Pachewar District Tonk (Raj).

¶31

----Respondents

¶32

For Petitioner(s) : Mr. Vikash Kumar Jakhar, Adv. For : Mr. Atul Sharma, PP Respondent(s)

¶33

HON'BLE MR. JUSTICE UMA SHANKER VYAS

¶34

Order

¶35

[2023:RJ-JP:32602]

¶36

(3 of 4) [CRLMP-2857/2021]

¶37

02/11/2023

¶38

The petitioners have preferred the present misc. petition 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).

¶39

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.

¶40

He prays that adequate police protection be provided to them.

¶41

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, Ajmer District

¶42

[2023:RJ-JP:32602]

¶43

(4 of 4) [CRLMP-2857/2021]

¶44

Ajmer (Raj). indicating their concern with the name(s) of probable assailants.

¶45

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

¶46

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.

¶47

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

¶48

The stay application also stands disposed of accordingly.

¶49

(UMA SHANKER VYAS),J

¶50

GAURAV SHARMA /212

Shahnoor Bano D/O Sh. Khaju Khan, W/O Sh. Shivraj, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shahnoor Bano D/O Sh. Khaju Khan, W/O Sh. Shivraj, 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

Parties & counsel

Coram

Case details

Similar cases

Dr. G.P. Goyal S/O Kedar Nath Goyal Vs State of Rajasthan

Aashiq Khan S/O Shri Fateh Mohammad Vs State of Rajasthan

Sanwar Mal S/O Sitaram Jat Vs State of Rajasthan

Khemchand S/O Chandrapal, Vs State of Rajasthan

Ritu Goyal D/O Girraja Prasad Agarwal Vs State of Rajasthan

Mohsin Khan Son of Nasruddin Khan, Vs State of Rajasthan