SMT. GULSHAN DAUGHTER OF SHRI PRAKASH, WIFE OF SHRI AMIT KUMAR KHORDIYA v. STATE OF RAJASTHAN
CRLW/771/2025 · 2025-06-24
Sudesh Bansal
body2025
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[ 2025 DAILYLAW 21735 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21735 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:23481] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 771/2025
1. Smt. Gulshan Daughter Of Shri Prakash, Wife Of Shri Amit Kumar Khordiya, Aged About 21 Years, Resident Of Mohalla Harijan Ka, Jhirana, Post Bhoodoly, Tehsil Neem Ka Thana, District Sikar (Raj.) At Present Resident Of Ward No. 13, Village Harjanpura, Police Station Thoi, Tehsil Neema Ka Thana, District Sikar (Raj.)
2. Amit Kumar Khordiya Son Of Shri Pappu Ram Khordiya, Aged About 21 Years, Resident Of Ward No. 13, Village Harjanpura, Police Station Thoi, Tehsil Neema Ka Thana, District Sikar (Raj.) ----Petitioners Versus
1. State Of Rajasthan, Through P.p.
2. The Director General Of Police, Police Head Quarter, Lal Kothi, Jaipur (Raj.)
3. Superintendent Of Police, Sikar, District Sikar (Raj.)
4. S.h.o. Police Station Thoi, District Sikar (Raj.)
5. Ajay Kumar Son Of Shri Prakash, Resident Of Village Jhirana, Tehsil Neem Ka Thana, District Sikar (Raj.)
6. Jor Singh Son Of Shri Gopal, Resident Of Harjanpura, Tehsil Neem Ka Thana, District Sikar (Raj.)
7. Ramesh Verma Son Of Shri Girdhari Lal, Resident Of Harjanpura, Tehsil Neem Ka Thana, District Sikar (Raj.)
8. Munesh Devi Wife Of Shri Deep Chand, Resident Of Harjanpura, Tehsil Neem Ka Thana, District Sikar (Raj.)
9. Lal Chand Khardiya Son Of Shri Bhagirath, Resident Of Harjanpura, Tehsil Neem Ka Thana, District Sikar (Raj.)
10. Shankar Lal Paliwal Son Of Shri Bhagirath, Resident Of Udaipurwati, District Jhunjhunu (Raj.)
11. Dilip Verma Son Of Shri Bhagirath, Resident Of Udaipurwati, District Jhunjhunu (Raj.) ----Respondents For Petitioner(s) : Mr. Arun Kumar Sharma For Respondent(s) : Ms. Manju Dave, PP HON'BLE MR. JUSTICE SUDESH BANSAL (V.J.) Order 24/06/2025
1. The defects pointed out by the Office stands waived in view of the fact that petitioners have already submitted a
[2025:RJ-JP:23481] (2 of 3) [CRLW-771/2025] Representation before the Nodal Officer seeking protection, which has not been decided. 2. 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. 3. Counsel for petitioners submits that petitioners are major and enterered into registered marriage and in order to live happily and peacefully, they are seeking protection qua private respondents, who are not happy with the relationship of petitioners. 4.
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. 5. 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
[2025:RJ-JP:23481] (3 of 3) [CRLW-771/2025] 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. 6. 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. 7. However, it is made clear that this order will not affect the civil/ criminal proceedings, if any, in the present matter. 8. Stay application and other pending application(s), if any stand disposed of. (SUDESH BANSAL (V.J.)), J RONAK JAIMAN/239