Disposed

Hira Lal Ghosliya S/O Shri Mangu Ram, v. State of Rajasthan

Rajasthan HC19 Jan 2023CRLW/115/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking police protection against family threats. The court directed the petitioners to file a specific representation with the Superintendent of Police before any action could be taken.

What did the court decide?

None granted directly; petitioner directed to file representation with Superintendent of Police for further consideration.

Hira Lal Ghosliya S/O Shri Mangu… — Constitutional and Fundamental Rights | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Writ Petition No. 115/2023

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Hira Lal Ghosliya S/o Shri Mangu Ram, Aged About 22 Years, R/o Village Dhanji Ka Bas, District Sikar (Raj). 332703.

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Nilam Swami D/o Shri Gajanand Swami, Aged About 20 Years, R/o Ward No. 7, Guwardi, Sikar, Dholasari, District Sikar, Raj. 332703.

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----Petitioners

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Versus

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State Of Rajasthan, Through Its Public Prosecutor.

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The Superintendent Of Police, District Sikar, Sikar, Rajasthan.

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The S.h.o. Police Station Dantaramgarh, District Sikar., Rajasthan.

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Mangu Ram Ghosliya, R/o Village Dhanji Ka Bas, District Sikar (Raj). 332703. (Father Of Petitioner No. 1).

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Sarju Devi W/o Mangu Ram Ghosliya, R/o Village Dhanji Ka Bas, District Sikar (Raj). 332703. (Mother Of Petitioner No. 1).

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Gajanand Swami, R/o Ward No. 7, Guwardi, Sikar, Dholasari, District Sikar, Raj. 332703. (Father Of Petitioner No. 2).

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Hansa Devi W/o Gajanand Swami, R/o Ward No. 7, Guwardi, Sikar, Dholasari, District Sikar, Raj. 332703. (Father Of Petitioner No. 2).

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----Respondents

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For Petitioner(s)	: Mr. Amit Ojha, Adv.
For	: Mr. Ghan Shyam Singh
Respondent(s)	Rathore, GA-cum-AAG

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(2 of 3) [CRLW115/2023]

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Order

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19/01/2023

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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 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

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before the Superintendent Of Police, District Sikar, Rajasthan 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, District Sikar, Rajasthan 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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Accordingly, the stay application also stands disposed of.

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(UMA SHANKER VYAS),J

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DANISH USMANI /76

Hira Lal Ghosliya S/O Shri Mangu Ram, v. State of Rajasthan

Case brief

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Hira Lal Ghosliya S/O Shri Mangu Ram, v. State of Rajasthan

Case brief

What is this about?

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