Dismissed

Swaroopi v. State of Rajasthan

Rajasthan HC9 Jul 2024CRLMA/317/2024

Case brief

AI extract

What is this about?

In a Criminal Writ Petition regarding marriage protection against threats from respondents, the petitioners filed a recall petition. The High Court of Rajasthan rejected the recall plea and dismissed the criminal misc. application, holding that the court need not determine age discrepancies as it takes the face value of documents.

What did the court decide?

Criminal Misc. Application No. 317/2024 was dismissed.

Swaroopi Vs State of Rajasthan — Matrimonial and Divorce | Rajasthan HC (2024)

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[2024:RJ-JD:27866]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Application No. 317/2024

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S.B. Criminal Writ Petition No.1190/2024

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Swaroopi W/o Ravi Bhargav, Aged About 18 Years, D/o Ravindra Kumar, R/o Joshi, Dishantriyo Ka Bas, Chamu, Jodhpur, Rajasthan.

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Ravi Bhargav S/o Ashok, Aged About 24 Years, R/o Dishantrariro Ka Bas, Phalodi, Jodhpur, Rajasthan.

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----Petitioners

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Versus

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State Of Rajasthan, Through Chief Secretary, Ministry Of Home Affairs, Jaipur (Raj)

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Director General Of Police, Govt. Of Rajasthan, Police Head Quarter, Jaipur.

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The Superintendent Of Police, Jodhpur

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The Superintendent Of Police, Phalodi

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The Station House Officer, Phalodi

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The Station Hosue Officer, Police Station Chamu, District Jodhpur.

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Manoj Bhargav S/o Harchand Bhargav, R/o Phalodi, District Phalodi, Rajasthan.

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Murli Bhargav S/o Kallaram, R/o Phalodi, District Phalodi, Rajasthan.

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Mukesh Bhargav S/o Leela Ram, R/o Phalodi, District Phalodi, Rajashtan.

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Ashok Bhargav S/o Harchand, R/o Phalodi, District Phalodi, Rajashtan.

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Lekhraj Bhargav S/o Kallaram, R/o Phalodi, District Phalodi, Rajashtan.

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Savroop Bhargav S/o Ratan Bhargav, R/o Phalodi, District Phalodi, Rajashtan.

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Dilip Bhargav S/o Leelaram, R/o Phalodi, District Phalodi, Rajashtan.

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----Respondents

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For Petitioner(s) : Mr. Leela Dhar Khatri For Respondent(s) : Mr. Laxman Solanki, PP

(2 of 3)

[2024:RJ-JD:27866]

[CRLMA-317/2024]

HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order

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09/07/2024

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This is a petition for recalling of order dated 11.06.2024 passed by this Court in S.B. Criminal Writ Petition No.1190/2024. The said petition was filed by one Swaroopi and Ravi Bhargav alleging inter-alia that they have solemnized marriage against the wishes of their parents and they feel threat at the hands of respondent Nos.7 to 13.

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Perusal of record reveals that the present applicant Ravindra Kumar @ Ravi Bhargav was not impleaded as a party respondent by the petitioners and they did not feel any threat from him. 3. The present petition is being contested on the ground that applicant Ravindra Kumar @ Ravi Bhargav is father of Swaroopi and Swaroopi mislead the Court by filing false document in respect of her age and she is a minor. 4. In view of this Court, the above mentioned petition was filed for mere protection against threat and that threat was not alleged against the present applicant. So far as dispute of age of the Swaroopi is concerned, this Court was not supposed to determine actual/real age of any of petitioner or held an inquiry on that aspect, in proceedings under Article 226 of the Constitution of India. The Court was mere required to take face value of the documents produced by the parties. If the documents produced by the parties were false and fabricated, they themselves are responsible for that. No absolute right was determined by the Court on the basis of documents produced. The applicant may

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(3 of 3) [CRLMA-317/2024]

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[2024:RJ-JD:27866]

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pursue his grievance before competent authority or in proper proceedings as per the law.

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Accordingly, the present criminal misc. application is dismissed.

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(RAJENDRA PRAKASH SONI),J

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94-suraj/-

Swaroopi v. State of Rajasthan

Case brief

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Swaroopi v. State of Rajasthan

Case brief

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