Disposed

Kajal W/O Vikram Verma, D/O Jullu, v. State of Rajasthan

Rajasthan HC6 Dec 2024CRLW/2164/2024

Case brief

AI extract

What is this about?

This High Court disposed of a writ petition seeking directions for security and protection for petitioners facing threats after their inter-familial marriage. Upholding the insured right to life under Article 21 and police duties under Section 29 of the Rajasthan Police Act, 2007, the Court directed authorities to assess threats and issue necessary protection orders.

What did the court decide?

Directions issued to officials to analyze threat perceptions and provide adequate security and protection to the petitioners if necessitated.

Kajal W/O Vikram Verma, D/O Jullu… — Constitutional and Fundamental Rights | Rajasthan HC (2024)

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[2024:RJ-JP:50347]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Writ Petition No.2164/2024

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Kajal W/o Vikram Verma, D/o Jullu, Aged About 18 Years, 5 Months R/o Village- Bhandara, Tehsil Kaman, District Bharatpur (Rajasthan), Hall R/o Sikri, Tehsil Nagar, District Bharatpur (Raj.)

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Vikram Verma S/o Dulichand, Aged About 25 Years, R/o Sikri, Tehsil Nagar, District Bharatpur (Raj.)

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----Petitioners

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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The Superintendent Of Police, Bharatpur, Distt. Bharatpur. Raj.

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District Nodal Officer, S.P. office, Deeg, District Deeg (Rajasthan)

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Station House Office (S.H.O.), Police Station Sikri, Distt. Bharatpur. Raj.

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Indar S/o Kishori, R/o Sikri, Tehsil Nagar, District Bharatpur (Raj.)

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Sushila W/o Indar, R/o Sikri, Tehsil Nagar, District Bharatpur (Raj.)

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Jullu S/o Thavariya, Resident Of Village Bhandara, Tehsil Kaman, District Bharatpur (Rajasthan)

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Naresh S/o Jullu, Resident Of Village Bhandara, Tehsil Kaman, District Bharatpur (Rajasthan)

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Raju S/o Jullu, Resident Of Village Bhandara, Tehsil Kaman, District Bharatpur (Rajasthan)

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Vinod S/o Jullu, Resident Of Village Bhandara, Tehsil Kaman, District Bharatpur (Rajasthan)

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Vishram S/o Jullu, Resident Of Village Bhandara, Tehsil Kaman, District Bharatpur (Rajasthan)

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Banwari S/o Kallo, Resident Of Village Bhandara, Tehsil Kaman, District Bharatpur (Rajasthan)

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----Respondents

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For Petitioner(s) : Mr.Anupam Sharma

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[2024:RJ-JP:50347]

[CRLW-2164/2024]

For Respondent(s) : Mr.Vivek Choudhary, PP

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JUSTICE ANOOP KUMAR DHAND

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Order

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06/12/2024

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The petitoners have preferred this petition for issuance of necessary directions to the official-respondents to provide adequate security and protection to them on the ground that 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 parties have already solemnized marriage as per the Hindu rites and rituals on 25.11.2024 and thereafter, they have applied for registration of their marriage before Marriage (Registrar) at Alwar. Counsel submits that the said application is pending before the authority concerned, but the family members of the petitioners are not happy with their marriage and they are continuously threatening to end their life, hence under these circumstances, interference of this Court is warranted.

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Learned counsel for the petitioners submits that Article 21 of the Constitution of India provides for right to life and personal liberty under the ambit of fundamental rights and any threat to the same amounts to violation of the same.

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Counsel for the petitioners submits that prior to approaching this Court the petitioners have already submitted representations before the concerned Station House Officer and the Nodal Officer pursuant to the orders passed by the Co-ordinate Bench of this

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[2024:RJ-JP:50347]

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Court in the case of Suman Meena vs. State of Rajasthan (S.B. Criminal Writ Petition No.792/2024). Counsel submits that appropriate directions be issued in favour of the petitioners.

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It is well settled legal position as expounded by the Hon'ble Supreme Court in the cases of Lata Singh Vs. State of UP, reported in AIR 2006 SC 2522, S. Khushboo Vs. Kanniammal & Ors., reported in (2010) 5 SCC 600, Indra Sarma Vs. VKV Sarma reported in (2013) 15 SCC 755 and Shafin Jahan Vs. Asokan KM reported in (2018) 16 SCC 368 that the life and personal liberty of the individuals has to be protected except according to procedure established by law, as mandated by Article 21 of the Constitution of India. Further, as per Section 29 of the Rajasthan Police Act, 2007 every police officer is duty bound to protect the life and liberty of the citizens.

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Considering the arguments put forward by the learned counsel for the petitioners and looking to the fact that the petitioners have already submitted appropriate representation/ application seeking protection before the Nodal Officer as well as concerned Station House Officer, it is expected from the officers concerned to look into the matter in terms of the directions issued by this Court in the case of Suman Meena (supra) and ensure that after analyzing the threat perceptions, if necessitated, may pass necessary orders to provide adequate security and protection to the petitioners.

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It is made clear that any observation in this order shall not affect any criminal and civil proceeding initiated against the petitioners.

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[CRLW-2164/2024]

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With the aforesaid observations, the instant criminal writ petition stands disposed of. Stay application and all pending applications, if any, also stand disposed of.

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(ANOOP KUMAR DHAND),J

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Aayush Sharma /421

Kajal W/O Vikram Verma, D/O Jullu, v. State of Rajasthan

Case brief

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Kajal W/O Vikram Verma, D/O Jullu, v. State of Rajasthan

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