Disposed

Mamta Choudhary W/O of Mahesh Choudhary, D/O Shri Kailash Choudhary, v. State of Rajasthan

Rajasthan HC4 Mar 2024CRLW/404/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking security and protection for the petitioners from private respondents. The Court directed the Nodal Officer to act if an application is moved, without validating the parties' relationship.

What the court decided

AI extract

Mamta Choudhary W/O of Mahesh… — Constitutional and Fundamental Rights | Rajasthan HC (2024)

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[2024:RJ-JP:11048]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Writ Petition No. 404/2024

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Mamta Choudhary W/o Of Mahesh Choudhary, D/o Shri Kailash Choudhary, Aged About 27 Years, R/o House No. 45. Mula Baba Ki Dhani, Mahapura, Village Mahapura, Thesil Sanganer, District Jaipur (Raj)

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Mahesh Choudhary Son Of Shri Sohan Lal, Aged About 26 Years, R/o 63, Tetarwalo Ki Dhani, Basedi, Begas, Kalwar, Jaipur (Raj)

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----Petitioners

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Versus

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State Of Rajasthan, Through The Principal Secretary, Department Of Home, Government Secretariat, Jaipur (Raj.).

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The Superintendent Of Police, Bagru District Jaipur Rajasthan.

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Station House Officer, Police Station Bagru, District Jaipur (Raj.).

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Shri Kailash Choudhary, Son Of Shri Sualal Choudhary, R/o House No. 45. Mula Baba Ki Dhani, Mahapura, Village Mahapura, Thesil Sanganer, District Jaipur (Raj)

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Mukesh Choudhary Son Of Shri Kailash Choudhary, R/o House No. 45. Mula Baba Ki Dhani, Mahapura, Village Mahapura, Thesil Sanganer, District Jaipur (Raj)

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Rajesh Choudhary Son Of Shri Kailash Choudhary, R/o House No. 45. Mula Baba Ki Dhani, Mahapura, Village Mahapura, Thesil Sanganer, District Jaipur (Raj)

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----Respondents

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For Petitioner(s) : Mr. Rahul Agarwal For Respondent(s) : Mr. Atul Sharma, PP

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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04/03/2024

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

[2024:RJ-JP:11048]

[CRLW-404/2024]

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Counsel for petitioners submits that petitioners in order to live happily and peacefully are seeking protection qua private respondents, who are not happy with the relationship of petitioners.

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Pursuant 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 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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