Disposed

Sona Bairwa, D/O- Shri Devishankar Bairwa, W/O- Mahaveer Bairwa v. State of Rajasthan

Rajasthan HC18 Jan 2023CRLW/42/2023

Case brief

AI extract

What is this about?

This order dismisses a writ petition seeking police protection on the ground that no imminent threat or specific instance was pleaded. The Court directs the petitioners to submit a formal representation to the Station House Officer to initiate action.

What did the court decide?

Petition disposed; stay application disposed. No directions for protection granted at this stage.

Sona Bairwa, D/O- Shri Devishankar Bairwa, W/O… — Service and Employment | 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. 42/2023

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Sona Bairwa, D/o- Shri Devishankar Bairwa, W/o- Mahaveer Bairwa, Aged About 20 Years, R/o- Village Jaida, Jaida Sheopur, Madhaya Pradesh At Present Residing At 24-A, Radha Krishan Nagar, Mangayavas, Mansarovar, Jaipur, Raj..

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Mahaveer Bairwa, S/o- Shri Ramgopal Bairwa, Aged About 27 Years, R/o- 94, Ichapur, Sheopur, Nagada, Madhay Pradesh, At Present Residng At 24-A, Radha Krishan Nagar, Mangayavas, Mansarovar, Jaipur, Raj..

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----Petitioners

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Versus

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State Of Rajasthan, Through P.p.

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A.c.p. (South), Mansarovar, Jaipur.

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Station House Officer, Police Station Mansarovar, Jaipur.

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Devishankar Bairwa, S/o- Late Babu Bairwa, Aged About 40 Years, R/o- Village Jaida, Jaida Sheopur, Madhaya Pradesh.

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Kamleshi Devi Bairwa, W/o- Devishankar Bairwa, Aged About 38 Years, R/o- Village Jaida, Jaida Sheopur, Madhaya Pradesh.

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Mangilal Bairwa, S/o- Chanda Bairwa, Aged About 45 Years, R/o- Village Jaida, Jaida Sheopur, Madhaya Pradesh.

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Mukesh Bairwa, S/o- Ramkishan Bairwa, Aged About 30 Years, R/o- Village Jaida, Jaida Sheopur, Madhaya Pradesh.

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----Respondents

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For Petitioner(s) : Mr. Sudhir Joshi, Adv.

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For : Mr. Sanjeev Mahla, PP Respondent(s)

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HON'BLE MR. JUSTICE UMA SHANKER VYAS Order

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18/01/2023

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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

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petitioners are having any apprehension or threat perception about their life and liberty from their relatives, they may move appropriate representation before the Station House Officer, Police Station Mansarovar, 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 Station House Officer, Police Station Mansarovar, Jaipur 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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The stay application also stands disposed of accordingly.

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(UMA SHANKER VYAS),J

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GAURAV SHARMA /34

Sona Bairwa, D/O- Shri Devishankar Bairwa, W/O- Mahaveer Bairwa v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sona Bairwa, D/O- Shri Devishankar Bairwa, W/O- Mahaveer Bairwa 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

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