Disposed

Bharti Saini W/O Yogesh Sharma D/O Sh. Sitaram Saini v. State of Rajasthan

Rajasthan HC18 Jan 2023CRLW/47/2023

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking police protection for two adults facing family opposition to their marriage. No specific threat was alleged, so the court directed the petitioners to file a representation with the Superintendent of Police and clarified that this order does not validate their marriage.

What the court decided

AI extract

Bharti Saini W/O Yogesh Sharma D/O… — 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. 47/2023

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Bharti Saini W/o Yogesh Sharma D/o Sh. Sitaram Saini, Aged About 22 Years, R/o Ghar Sansar Apartment, Radhakishanpura Ward No. 51, P.s. Sadar Sikar District Sikar, Presently R/o Shitla Chouk, Ward No. 14, Tiwariyo Ki Haveli, P.s. Kotwali Sikar Tehsil And District Sikar

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Yogesh Sharma S/o Sh. Balkishan Sharma, Aged About 25 Years, R/o Shitla Chouk, Ward No. 14, Tiwariyo Ki Haveli, P.s. Kotwali, Tehsil And District Sikar

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----Petitioners

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Versus

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

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The Superintendent Of Police, Sikar

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S.h.o Police Station Sadar, Sikar District Sikar

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S.h.o Police Station Kotwali Sikar, District Sikar

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Sh. Sitaram Saini S/o Sh. Hiralal Saini, R/o Ghar Sansar Apartment, Radhakishanpura Ward No. 51 Sikar

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Sunil Saini S/o Sh. Shankar Lal Saini, R/o Ghar Sansar Apartment, Radhakishanpura Ward No 51 Sikar

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----Respondents

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For Petitioner(s) : Mr. Surya Prakash, Adv. For : Mr. Sanjeev Mahla, PP Respondent(s)

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[CRLW47/2023]

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(2 of 3)

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

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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 petitioners are having any apprehension or threat perception about their life and liberty from their

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relatives, they may move appropriate representation before the Superintendent of Police, Sikar 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, Sikar 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 /36

Bharti Saini W/O Yogesh Sharma D/O Sh. Sitaram Saini v. State of Rajasthan

Case brief

What is this about?

What the court decided

Bharti Saini W/O Yogesh Sharma D/O Sh. Sitaram Saini v. State of Rajasthan

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

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Parties & counsel

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