Disposed

Asmeena D/O Shri Sahabdeen, v. State of Rajasthan

Rajasthan HC2 Apr 2024CRLW/628/2024

Case brief

AI extract

What is this about?

Civil Writ Petition filed seeking police protection for petitioners against private respondents living together. Court directed petitioners to approach the Nodal Officer for grievance ventilation and protection without affirming the legality of their relationship, preserving civil/criminal proceedings.

What did the court decide?

Liberty to petitioners to approach the concerned Nodal Officer for ventilation of grievances; Nodal Officer directed to prevent illegal hindrance to petitioners.

Asmeena D/O Shri Sahabdeen, Vs State… — Constitutional and Fundamental Rights | Rajasthan HC (2024)

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[2024:RJ-JP:15458]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Writ Petition No. 628/2024

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Asmeena D/o Shri Sahabdeen, Aged About 37 Years, Resident Of Village Ghatla Padisal, District Alwar (Raj). At Present Resident Of Village Baghora, Tehsil Kishangarh Bas, Police Station Kishangarh Bas, District KhairthalTijara (Raj).

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Aasif S/o Shri Asrudeen, Aged About 25 Years, Resident Of Village Baghora, Tehsil Kishangarh Bas, Police Station Kishangarh Bas, District Khairthal- Tijara (Raj).

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----Petitioners

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Versus

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State Of Rajasthan, Through P.p.

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Superintendent Of Police, Khairthal- Tijara, (Rajasthan). 3. S.h.o. Police Station Kishangarh, District Khairthal- Tijara (Rajasthan).

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Mufeed S/o Jumme Khan, Resident Of Baghora, Tehsil Kishangarh Bas, Police Station Kishangarh Bas, District Khairthal- Tijara (Raj).

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----Respondents

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For Petitioner(s) : Mr. Girish Khandelwal Ms. Swati Sharma For Respondent(s) : Mr. M. K. Sharma, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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02/04/2024

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Petitioners are present in person and they have duly been identified by their counsel.

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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

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[CRLW-628/2024]

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grave threat of their life and liberty at the hands of private respondents.

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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 Nodal 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

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[2024:RJ-JP:15458]

[CRLW-628/2024]

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

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(ANIL KUMAR UPMAN),J

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GAUTAM JAIN /69

Asmeena D/O Shri Sahabdeen, v. State of Rajasthan

Case brief

What is this about?

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Asmeena D/O Shri Sahabdeen, v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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