Disposed

Nittan Kumari Wife of Shailendra Singh D/O of Yogendra Singh, v. State of Rajasthan

Rajasthan HC26 May 2023CRLW/1117/2023

Case brief

AI extract

What is this about?

The Rajasthan High Court disposed of a writ petition seeking police protection for petitioners threatened by relatives opposing their marriage. While noting they are of major age, the court declined to grant protection outright, directing the petitioners to first move a representation to the Commissioner of Police.

What did the court decide?

Petitioners directed to file a representation with the Commissioner of Police before any police protection is granted; petition displaced.

Nittan Kumari Wife of Shailendra Singh D/O of Yogendra Singh, Vs State of Rajasthan — Rajasthan HC (2023) — LawSathi Research

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[2023/RJJP/012194]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Writ Petition No. 1117/2023

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Nittan Kumari Wife Of Shailendra Singh D/o Of Yogendra Singh, Aged About 18 Years, Resident Of Gram Vinua, Police Station Roopwas, District Bharatpur At Present Resident Of Gram Nagla, Jatmasi, Police Station Roopwas, District Bharatpur (Raj.).

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Shailendra Singh S/o Of Shri Bawari Lal, Aged About 27 Years, Resident Of Gram Nagla, Jatmasi, Police Station Roopwas, District Bharatpur (Raj.).

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----Petitioners

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Versus

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State Of Rajasthan, Through Home Secretary, Govt. Of Rajasthan, Secretariat, Jaipur.

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Suprintendent Of Police, District Bharatpur (Raj.)

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Station House Officer, Police Station Roopwas, District Bharatpur (Raj.).

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Yogendra Singh, Son Of Shri Unknown, Resident Of Gram Vinua, Police Station Roopwas, District Bharatpur (Raj.)

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Bhupendra @ Bhura Son Of Shri Unknown, Resident Of Resident Of Gram Vinua, Police Station Roopwas, District Bharatpur (Raj.)

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Vijay Son Of Shri Toti, Resident Of Resident Of Gram Vinua, Police Station Roopwas, District Bharatpur (Raj.)

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Litter @ Jeetendra Son Of Shri Vijay, Resident Of Resident Of Resident Of Gram Nagla, Jatmasi, Police Station Roopwas, District Bharatpur (Raj.).

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Surjan Son Of Shri Thittu, Resident Of Gram Nagla, Jatmasi, Police Station Roopwas, District Bharatpur (Raj.).

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Phool Singh @ Phoolwar, Son Of Shri Pooran, Aged About 42 Years, Resident Of Gram Nagla, Jatmasi, Police Station Roopwas, District Bharatpur (Raj.).

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Rajendra @ Pooran Son Of Shri Unknown, Aged About 61 Years, Resident Of Gram Nagla, Jatmasi, Police Station Roopwas, District Bharatpur (Raj.).

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Lakhan Son Of Shri Dharbhav, Aged About 60 Years, Resident Of Resident Of Gram Nagla, Jatmasi, Police

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Station Roopwas, District Bharatpur (Raj.).

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Kailashi Son Of Shri Vedho, Aged About 56 Years, Resident Of Gram Nagla, Jatmasi, Police Station Roopwas, District Bharatpur (Raj.)

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Narendra Son Of Babu, Aged About 44 Years, Resident Of Gram Nagla, Jatmasi, Police Station Roopwas, District Bharatpur (Raj.).

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Harendra Son Of Shri Vasde, Aged About 44 Years, Resident Of Gram Nagla, Jatmasi, Police Station Roopwas, District Bharatpur (Raj.)

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Vikas @ Deepu Son Of Shri Udaybhan, Aged About 30 Years, Resident Of Gram Nagla, Jatmasi, Police Station Roopwas, District Bharatpur (Raj.).

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----Respondents

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For Petitioner(s) : Mr. Pawan Kumar Verma For Respondent(s) : Mr. Deshraj Gosingha, PP

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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26/05/2023

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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, they solemnized their marriage of their own free will on 02.05.2023 and their marriage has been duly registered by the Marriage Registration Officer, Ghaziabad,

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U.P. However, their family members are not agreeable to their marriage and have threatened them of dire consequences.

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Learned counsel for the petitioners has drawn attention of this Court to the fact that the petitioner No.2-Shailendra Singh has also filed D.B. Habeaus Corpus Petition before the Division Bench of this Court and the same was allowed on 13.04.2023. Learned counsel for the petitioners has also drawn attention of this Court to the certificate issued by the Board of Secondary Education, Ajmer, evincing the date of birth of petitioner No.1 as 12.09.2004, which shows that petitioner No.1 is major.

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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 Commissioner of Police, Jaipur indicating their concern with the name(s) of probable assailants.

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If any such representation is moved by the petitioners, the Commissioner of Police, Jaipur shall consider the same and after analyzing 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

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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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(ASHUTOSH KUMAR), J

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AARZOO ARORA /26

Nittan Kumari Wife of Shailendra Singh D/O of Yogendra Singh, v. State of Rajasthan

Case brief

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What did the court decide?

Nittan Kumari Wife of Shailendra Singh D/O of Yogendra Singh, v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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