Allowed

Smt. Neetu Saini D/O Shri Rajendra Saini W/O Shri Bhagwan Sahai Saini v. State of Rajasthan

Rajasthan HC24 May 2024CRLW/1103/2024

Case brief

AI extract

What is this about?

In this criminal writ petition, the High Court rejected a request to examine the legality of the petitioners' marriage or cohabitation. Instead, relying on Supreme Court jurisprudence protecting fundamental rights to life and liberty, the court issued directions for the State to provide security and protection to the petitioners from their private respondents.

What did the court decide?

The court disposed of the petition with liberty to approach the concerned Nodal Officer for ventilation of grievances and protection against illegal hindrance of life and liberty.

Smt. Neetu Saini D/O Shri Rajendra… — Constitutional and Fundamental Rights | Rajasthan HC (2024)

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[2024:RJ-JP:24823]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Writ Petition No. 1103/2024

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Smt. Neetu Saini D/o Shri Rajendra Saini W/o Shri Bhagwan Sahai Saini, Aged About 21 Years, R/o Sitaram Ji Ki Dhani Achrol -Amer District Jaipur Presentaly R/o With Her Husband At Malyala Ki Dhani , Achrol -Amer District Jaipur

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Bhagwan Sahai Saini S/o Shri Raju Saini, Aged About 21 Years, R/o Malyala Ki Dhani , Achrol -Amer District Jaipur Rajasthan

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----Petitioners

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Versus

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State Of Rajasthan, Through P.p

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The Director General Of Police, Police Headquarter, Lalkothi, Jaipur

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The Supereintendent Of Police, Jaipur Rural , Jaipur

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The S.h.o., Police Station , Chandwaji, District Jaipur Raj. 5. Rajendra Saini S/o Lt. Shri Kushal Ram Saini, Aged About 48 Years, R/o Sitaram Ki Dhani Achrol Delhi Road , Jaipur

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Om-Prakash Sani S/o Lt. Shri Kushal Ram Saini, Aged About 53 Years, R/o Sitaram Ki Dhani Achrol Delhi Road , Jaipur

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Mukesh Sani S/o Lt. Shri Kushal Ram Saini, Aged About 45 Years, R/o Sitaram Ki Dhani Achrol Delhi Road , Jaipur

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Ajay Saini S/o Shri Om Prakash Sani, R/o Sitaram Ki Dhani , Delhi Road Achrol , Jaipur

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Purnima Devi W/o Omprakash, R/o Sitaram Ki Dhani Achrol Delhi Road , Jaipur Rajasthan

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Leela Devi W/o Shri Rajendra Sani, R/o Sitaram Ki Dhani Achrol Delhi Road , Jaipur Rajasthan

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Kamla Devi W/o Lt. Shri Kushal Sani, R/o Sitaram Ki Dhani Achrol Delhi Road , Jaipur Rajasthan

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----Respondents

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For Petitioner(s) : Mr. Vinod Kumar Sharma For Respondent(s) : Mr. Babu Lal Nasuna, PP

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HON'BLE MR. JUSTICE SUDESH BANSAL Order

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24/05/2024

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Petitioners have preferred instant petition for issuance of necessary directions to official-respondents to provide adequate

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[CRLW-1103/2024]

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security and protection to them on the ground that they are facing grave threat of their life and liberty at the hands of private respondents.

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Counsel for petitioners submits that petitioners are stated to be major and have entered into marriage lawful and valid marriage voluntarily, the relevant documents in respect of their age and certificate of marriage have been placed on record. Petitioners want to live happily and peacefully but they are facing threat to their life and liberty at the hands of private respondents, who are not happy with the relationship of petitioners.

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Pursuant to the judgment of the Apex Court in case of Navtej Singh Johar V. Union of India [(2018)10 SCC 1 ] and of this court in Bajrang Lal Sharma v. State of Rajasthan, SB Cr. Miscellaneous Petition No.2/2019 decided on 4-1-2019 , the State Government through Director General of Police issued a Circular dated 18-1-2019 and appointed Nodel Officer at every Police Station in the state of Rajasthan for ventilation of grievances of newly married couple, including for adequate protection. Life and liberty is fundamental right of every citizen being part of Article 21 of the Constitution of India, petitioners deserve protection of their life and liberty in accordance with law.

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In view of above, however, this Court in exercise of its writ jurisdiction is not inclined to enter into examining the validity of marriage/ legality of relationship of parties, therefore does not render any affirmation of legality and validity of the status of parties, under which they are living together, but keeping in mind the proposition of law set forth by the Apex Court in catena of

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judgments and in order to protect fundamental rights of parties for their life and liberty, guaranteed under the Constitution, this petition is disposed of with liberty to petitioners to approach the concerned Nodal Officer for ventilation of their grievances.

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In case petitioners move any application, it is expected from the concerned Nodal Officer to take necessary action for not allowing to illegally hinder in peaceful life and liberty of petitioners by private respondents, who are not agreeable to the relationship of petitioners, but after verifying the fact, if required.

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However, it is made clear that this order will not affect the civil/ criminal proceedings, if any, in the present matter.

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Stay application and other pending application(s), if any stand disposed of.

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(SUDESH BANSAL), J

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NITIN /5

Smt. Neetu Saini D/O Shri Rajendra Saini W/O Shri Bhagwan Sahai Saini v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Smt. Neetu Saini D/O Shri Rajendra Saini W/O Shri Bhagwan Sahai Saini v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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