Allowed

Sharda Kanwar v. State of Rajasthan

Rajasthan HC12 Oct 2023CRLW/1757/2023

Case brief

AI extract

What is this about?

This order granted a direction under Article 226 for the Police to provide adequate security protection to two major petitioners involved in an illicit live-in relationship against threats from their relatives. The Court relied on Lata Singh and directed the Superintendent of Police to investigate and ensure safety.

What did the court decide?

Directed the Superintendent of Police to investigate and provide adequate protection to the petitioners to ensure no harm is caused to them.

Sharda Kanwar Vs State of Rajasthan — Constitutional and Fundamental Rights | Rajasthan HC (2023)

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[2023:RJ-JD:34832]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Writ Petition No. 1757/2023

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Sharda Kanwar D/o Shri Bhom Singh W/o Shri Rahul Singh, Aged About 18 Years, B/c Rajput R/o Village Taliya Mewasa, Tehsil Osia, Kharda, Mewasa, Jodhpur (Raj.)

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Arjun Singh S/o Shri Bhanwar Singh, Aged About 23 Years, B/c Rajput, R/o Gehloto Ki Dhani, Ompura, Jhakhan, Jodhpur (Raj.)

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----Petitioners

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Versus

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State Of Rajasthan, Through The Secretary, Department Of Home Affairs, Govt. Of Rajasthan, Secretariat, Jaipur

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The Superintendent Of Police, Jodhpur Rural

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The S.h.o., P.s. Osia, Dist. Jodhpur

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Raju Singh S/o Anop Singh, R/o Village Bhakari, Dist. Jodhpur

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Bhagan Singh S/o Kan Singh, R/o Village Nosar, Dist. Jodhpur

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Sita Ram S/o Bharu Ram, R/o Village Nosar, Dist. Jodhpur 7. Manor Singh S/o Roop Singh, R/o Village Nosar, Dist. Jodhpur

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Rawal Singh S/o Rugh Singh, R/o Village Nosar, Dist. Jodhpur

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Bhur Singh S/o Rugh Singh, R/o Village Nosar, Dist. Jodhpur

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Om Singh S/o Rugh Singh, R/o Village Nosar, Dist. Jodhpur

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Sharwan Singh S/o Kan Singh, R/o Village Mewasa, Dist. Jodhpur

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Parwat Singh S/o Dhane Singh, R/o Village Mewasa, Dist. Jodhpur

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Chutar Pal Singh S/o Babu Singh, R/o Village Mewasa, Dist. Jodhpur

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Sharwan Singh S/o Lal Singh, R/o Village Mewasa, Dist. Jodhpur

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Ranu Singh S/o Khiv Singh, R/o Village Mewasa, Dist. Jodhpur

[2023:RJ-JD:34832]

[CRLW-1757/2023]

(2 of 3)

----Respondents

For Petitioner(s)	: Ms. Neha Kalla
For Respondent(s)	: Mr. Shrawan Kumar,PP

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HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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12/10/2023

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The criminal writ petition has been preferred by the petitioners under Article 226 of the Constitution of India seeking direction for being provided with adequate security and protection.

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The petitioners both being major persons claim to be in a live in relationship. They submit that they are living with each other against the wishes of their parents and thus, they feel threat at the hands of private respondents, who are their relatives. The petitioners allegedly approached the Superintendent of Police, Jodhpur Rural with a prayer to be provided with adequate protection but no heed has been paid to their request so far.

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The documents pertaining to the age of the petitioners and an ikrarnama verifying the factum of them being in a live in relationship have been filed on record. Thus, taking cue from the judgment rendered by the Hon'ble Supreme Court in the case of Lata Singh Vs. State of U.P. Reported in AIR 2006 SC 2522, the prayer made by the petitioners for directing the Superintendent of Police, Jodhpur Rural to provide protection to the petitioners deserves to be accepted.

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The Superintendent of Police, Jodhpur Rural shall have the matter enquired into and if so required, appropriate protection shall be provided to the petitioners as and when warranted. The

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(3 of 3) [CRLW-1757/2023]

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[2023:RJ-JD:34832]

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Superintendent of Police, Jodhpur Rural shall ensure that no harm is caused to the petitioners, who are in a live in relationship.

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The criminal writ petition is accordingly disposed of. Stay application also stands disposed of.

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(KULDEEP MATHUR),J

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30-Jayesh/-

Sharda Kanwar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sharda Kanwar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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