Disposed

Roshani Daughter of Shri Kallu Ram, Wife of Shri Buddhi Prakash, v. State of Rajasthan

Rajasthan HC7 Mar 2024CRLW/425/2024

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking protection and security for a married couple alleging threats from the wife's father. The Court found no substantiating material beyond a representation letter, noting the wife had voluntarily recorded a statement living with her husband. The petition was disposed of, directing parties to approach the Nodal Officer under the DGP circular.

What did the court decide?

Petition dismissed; no directions for protection issued. Petitioners advised to approach Nodal Officer under DGP Rajasthan circular.

Roshani Daughter of Shri Kallu Ram, Wife of Shri… — Matrimonial and Divorce | Rajasthan HC (2024)

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[2024:RJ-JP:11940]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Writ Petition No. 425/2024

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Roshani Daughter Of Shri Kallu Ram, Wife Of Shri Buddhi Prakash, Aged About 18 Years, Presently Residing At Village- Mani Khurd, Tehsil- Khandar, District Sawai Madhopur (Raj).

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Buddhi Prakash Son Of Shri Ram Singh Gurjar, Aged About 22 Years, Presently Residing At Village- Mani Khurd, Tehsil- Khandar, District Sawai Madhopur (Raj).

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----Petitioners

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Versus

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State Of Rajasthan, Through Public Prosecutor. 2. Shri Kallu Ram Son Of Shri Shyoj Ram, Resident Of Kishanpura, Rawanjna Doongar, Sawai Madhopur (Raj).

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----Respondents

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For Petitioner(s) : Mr. Ankit Kumar for Mr. Dinesh Yadav For Respondent(s) : Mr. B.L. Nasuna, PP

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HON'BLE MR. JUSTICE SUDESH BANSAL Order

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07/03/2024

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Petitioners have preferred this petition for issuance of 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 respondent.

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Counsel for petitioners submits that both the petitioners are major and have entered into marriage. One FIR No. 123/2023 for offences under Section 363, 366, 379 IPC, was registered by the uncle of petitioner No.1 wherein statements of petitioner No.1 were recorded under Section 164 Cr.P.C. on 26.06.2023. In her statements, she has clearly stated to live with petitioner No.2 as his wife by her own free will and volition.

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It has also been urged that thereafter, one DB Habeas Corpus Petition No. 184/2023 was filed by the father of petitioner

[2024:RJ-JP:11940]

[CRLW-425/2024]

(2 of 2)

No.1, wherein the custody of petitioner No.1 was given to her husband I.e. petitioner No.2 and the habeas corpus petition was disposed of. It has been contended that petitioners are living their married life happily, however, have danger to their life and liberty from the non-petitioner No.2, who is father of petitioner No.1.

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This Court finds no material available on record to justify such an apprehension of the petitioners, except placing on record one representation dated 16.01.2024 allegedly sent to the Superintendent of Police, Sawai Madhopur through registered post.

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In absence of substantiating the apprehension of life and liberty of petitioners that too from the father of petitioner No.1, in the backdrop of afore-referred facts, this Court is not inclined to issue any direction in the instant writ petition. However, it is open for the petitioners to approach before the concerned Nodal Officer, appointed in pursuance of the Circular dated 18.01.2019 came to be issued from the Office of Director General of Police, Rajasthan, in compliance of the order dated 04.01.2019 passed by a Coordinate Bench in SB Criminal Miscellaneous Petition No.02/2019; Bajrang Lal Sharma Vs. State of Rajasthan , to deal with such matters.

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Accordingly, the present Criminal Writ Petition stands disposed of.

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

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(SUDESH BANSAL),J

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SOURAV /896

Roshani Daughter of Shri Kallu Ram, Wife of Shri Buddhi Prakash, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Roshani Daughter of Shri Kallu Ram, Wife of Shri Buddhi Prakash, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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