Dismissed

Gayatri Chouhan D/O Sanjay Chouhan v. State of Rajasthan

Rajasthan HC1 Sept 2023CRLW/1980/2023

Case brief

AI extract

What is this about?

Petitioners facing threats from relatives over their live-in relationship sought police protection. The Court dismissed the plea, instructing petitioners to approach the Superintendent of Police with specific reports of threats rather than seeking automatic direction.

What did the court decide?

Directives to seek representation before Superintendent of Police; petition disposed of.

Gayatri Chouhan D/O Sanjay Chouhan Vs State of… — Writ and Judicial Review | Rajasthan HC (2023)

¶1

[2023:RJ-JP:20363]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Writ Petition No. 1980/2023

¶4

Gayatri Chouhan D/o Sanjay Chouhan, Aged About 18 Years, Resident Of Ward No 10 Mohalla Khatikan Guhala, Tehsil Neemkathana, Dist. Sikar (Raj)

¶5

Rakesh Kumar Saini Son Of Prakash Chand Saini, Aged About 20 Years, R/o Dhani Joshiwali Village Guhala, Tehsil Neemkathana, Dist. Sikar(Raj.)

¶6

----Petitioners

¶7

Versus

¶8

State Of Rajasthan, Through P.p.

¶9

The Director General Of Police, Jaipur (Raj.)

¶10

The Superintendent Of Police, Neemkathana (Raj.)

¶11

The Station House Officer, Police Station Sadar Neemkathana, Dist Neemkathana (Raj.)

¶12

Sanjay Chouhan S/o Ramniwas Chouhan, Aged About 40 Years, Resident Of Ward No 10 Mohalla Khatikan Guhala, Tehsil Neemkathana, Dist. Neemkathana (Raj)

¶13

Mukesh Kumar Chouhan S/o Ramniwas Chouhan, Aged About 45 Years, Resident Of Ward No 10 Mohalla Khatikan Guhala, Tehsil Neemkathana, Dist. Neemkathana Sikar (Raj)

¶14

Mahendra Kumar Chouhan S/o Ramniwas Chouhan, Aged About 35 Years, Resident Of Ward No 10 Mohalla Khatikan Guhala, Tehsil Neemkathana, Dist. Neemkathana (Raj)

¶15

Saroj Devi W/o Sanjay Chouhan, Aged About 38 Years, Resident Of Ward No 10 Mohalla Khatikan Guhala, Tehsil Neemkathana, Dist.

[2023:RJ-JP:20363]

[CRLW-1980/2023]

(2 of 5)

Neemkathana (Raj)

Sarbati Devi W/o Ramniwas Chouhan, Aged About 65 Years, Resident Of Ward No 10 Mohalla Khatikan Guhala, Tehsil Neemkathana, Dist. Neemkathana (Raj)

¶21

Babulal Chouhan S/o Namalum, Resident Of Ward No 10 Mohalla Khatikan Guhala, Tehsil Neemkathana, Dist. Neemkathana (Raj)

¶22

Mukesh Kumar Sambhariya S/o Namalum, Years Resident Of Nawalgarh, Dist. Jhunjhunu (Raj)

¶23

Ghanshyam Ashwal S/o Guljhari Lal Ashwal, R/o Khandela, Tehsil Kahndela, Dist. Sikar(Raj.)

¶24

Ashok Ashwal S/o Guljhari Lal Ashwal, R/o Khandela, Tehsil Kahndela, Dist. Sikar(Raj.)

¶25

Prakash Chand Saini Son Of Durga Prashad Saini, Aged About 45 Years, R/o Dhani Joshiwali Village Guhala, Tehsil Neemkathana, Dist. Neemkathana (Raj.)

¶26

Kajod Mal Saini Son Of Durga Prashad Saini, Aged About 38 Years, R/o Dhani Joshiwali Village Guhala, Tehsil Neemkathana, Dist. Neemkathana (Raj.)

¶27

Rajendra Prashad Saini Son Of Durga Prashad Saini, Aged About 50 Years, R/o Dhani Joshiwali Village Guhala, Tehsil Neemkathana, Dist. Neemkathana (Raj.)

¶28

Surendra Kumar Saini Son Of Prakash Chand Saini, Aged About 24 Years, R/o Dhani Joshiwali Village Guhala, Tehsil Neemkathana, Dist. Neemkathana (Raj.)

¶29

Indraj Saini Son Of Prakash Chand Saini, Aged About 22 Years, R/o Dhani Joshiwali Village Guhala, Tehsil Neemkathana, Dist.

[2023:RJ-JP:20363]

(3 of 5)

[CRLW-1980/2023]

Neemkathana (Raj.)

Narendra Kumar Saini Son Of Rajendra Prashad Saini, Aged About 28 Years, R/o Dhani Joshiwali Village Guhala, Tehsil Neemkathana, Dist. Neemkathana (Raj.)

¶35

Subhash Saini Son Of Rajendra Prashad Saini, Aged About 22 Years, R/o Dhani Joshiwali Village Guhala, Tehsil Neemkathana, Dist. Neemkathana(Raj.)

¶36

----Respondents

¶37

For Petitioner(s)	: Mr. Rakesh Kumar Saini
	(Petitioner) Present in Person Ms. Gaytri Chouhan
	(Petitioner) Present in Person
For	: Mr. Bhawani Shankar Sharma,
Respondent(s)	PP

¶38

HON'BLE MR. JUSTICE UMA SHANKER VYAS

¶39

Order

¶40

01/09/2023

¶41

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 to their life and liberty at the hands of private respondent(s).

¶42

It is submitted that the petitioners are above 18 years of age and are in a live-in-relationship. But

¶43

[2023:RJ-JP:20363]

¶44

(4 of 5) [CRLW-1980/2023]

¶45

such relationship is not acceptable to their family members/society and they have threatened them of dire consequences.

¶46

They pray that adequate police protection be provided to them.

¶47

Though no specific instance or imminent threat has been pleaded but considering the submissions made by 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, Neemkathana (Raj.) indicating their concern with the name(s) of probable assailants.

¶48

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

¶49

It is hereby clarified that this order may not be construed to be a validation of petitioners’ live-in

¶50

[2023:RJ-JP:20363] (5 of 5) [CRLW-1980/2023]

¶51

relationship 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.

¶52

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

¶53

The stay application also stands disposed of accordingly.

¶54

(UMA SHANKER VYAS),J

¶55

GAURAV SHARMA /619

Gayatri Chouhan D/O Sanjay Chouhan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Gayatri Chouhan D/O Sanjay Chouhan 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

Case details

Similar cases

Sanjay Mittal S/O Parmeshwar Mittal Vs Dinesh Kumar Jain S/O Arvind Kumar Jain

Firoj Khan S/O Late Babu Kha Vs State of Rajasthan

Ratan Lal Yadav S/O Jagannath Yadav Vs State of Rajasthan

Anshu Kumawat Daughter of Shri Pappu Kumawat, Vs State of Rajasthan

Beena Golada D/O Shri Shankar Lal Golada, Vs State of Rajasthan

Aman Ansari S/O Ashfak Ansari Vs State of Rajasthan