Disposed

Rasmina W/O Nasir, v. State of Rajasthan

Rajasthan HC20 Jan 2023CRLW/73/2023

Case brief

AI extract

What is this about?

This is a single-judge order disposing of a CWP for police protection due to threats from relatives. The Court observes threats but directs parties to represent the specific grumbling situation to the SP. The Court clarifies that the observation does not validate the live-in relationship.

What did the court decide?

Direction to file representation before Superintendent of Police for protection measures if apprehension exists; clarification that order does not validate live-in relationship.

Rasmina W/O Nasir, Vs State of Rajasthan — Writ and Judicial Review | 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. 73/2023

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Rasmina W/o Nasir, Aged About 36 Years, Resident Of Village Akata, Tehsil Kaman, P.s. Kaman, District Bharatpur (Raj).

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Samun Son Of Samsu, Resident Of Village Akata, Tehsil Kaman, P.s. Kaman, District Bharatpur (Raj).

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----Petitioners

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Versus

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State Of Rajasthan, Through Principal Secretary, Department Of Home Affairs, Government Of Rajasthan, Secretariat, Jaipur.

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The Superintendent Of Police, Bharatpur, District Bharatpur (Raj).

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Sho Police Station Kaman, District Bharatpur (Raj).

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Nasir Son Of Juhuru, Resident Of Village Akata, Tehsil Kaman, P.s. Kaman, District Bharatpur (Raj).

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Jafroo Son Of Juhuru, Resident Of Village Akata, Tehsil Kaman, P.s. Kaman, District Bharatpur (Raj).

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Hunna Son Of Sumer Khan, Resident Of Village Akata, Tehsil Kaman, P.s. Kaman, District Bharatpur (Raj).

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Imran Son Of Hunna, Resident Of Village Akata, Tehsil Kaman, P.s. Kaman, District Bharatpur (Raj).

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Kalim Son Of Hunna, Resident Of Village Akata, Tehsil Kaman, P.s. Kaman, District Bharatpur (Raj).

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Mahboon Son Of Hunna, Resident Of Village Akata, Tehsil Kaman, P.s. Kaman, District

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Bharatpur (Raj).

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Aalim Son Of Hunna, Resident Of Village Akata, Tehsil Kaman, P.s. Kaman, District Bharatpur (Raj).

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----Respondents

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For Petitioner(s) : Mr. Anshul Sharma, Adv. For : Mr. M.K. Sheoran, P.P. Respondent(s)

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HON'BLE MR. JUSTICE UMA SHANKER VYAS Order

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20/01/2023

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

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Learned counsel for the petitioners submits that the petitioners are above 18 years of age and are in a live-in-relationship. But such relationship is not acceptable to their family members/society and they 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

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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 before the Superintendent Of Police, Bharatpur, District Bharatpur (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, Bharatpur, District Bharatpur (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’ live-in 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.

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

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(UMA SHANKER VYAS),J

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DANISH USMANI /78

Rasmina W/O Nasir, v. State of Rajasthan

Case brief

What is this about?

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Rasmina W/O Nasir, v. State of Rajasthan

Case brief

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