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2025 DAILYLAW 22148 (RAJ)

SONU D/O SHRI ROHIT KUMAR W/O SHRI JAI PRAKASH v. STATE OF RAJASTHAN

CRLW/803/2025 · 2025-06-25

Sudesh Bansal V J

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:23553] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 803/2025 1. Sonu D/o Shri Rohit Kumar W/o Shri Jai Prakash, Aged About 24 Years, R/o Dhani Mundia Bhata-Padewa Jhunjhunu at Present R/o Ward No.1, Majuna District Jhunjhunu. 2. Jai Prakash S/o Shri Kamlesh Kumar, Aged About 22 Years, R/o Ward No. 1, Majuna District Jhunjhunu. ----Petitioners Versus 1. State of Rajasthan, through Principal Secretary, Department of Home, Government of Rajasthan Secretariat, Jaipur. 2. Director General of Police, Rajasthan Police Head Quarter, Jaipur. 3. The Superintendent of Police, Jhunjhunu District Jhunjhunu. 4. The SHO, Police Station Babai, District Jhunjhunu. 5. Jitendra S/o Nathu Singh, R/o Padewa Tehsil Khetri, District Jhunjhunu. 6. Rajendra Singh Chabarwal S/o Sawanta Ram, R/o Village Kalota Tehsil Khetri District Jhunjhunu. 7. Kapil Khedar S/o Sanwarmal, R/o Gudha Bawani Tehsil Udaipurwati District Jhunjhunu. 8. Mani Ram S/o Heeralal, R/o Padewa Tehsil Khetri District Jhunjhunu. 9. Rupendra S/o Nathu Singh, R/o Padewa Tehsil Khetri District Jhunjhunu. ----Respondents For Petitioner(s) : Mr. Aditya Matoliya for Mr. Arun Singh Shekhawat For Respondent(s) : Ms. Manju Dave, PP HON'BLE MR. JUSTICE SUDESH BANSAL ( V. J.) Order 25/06/2025 1. The defects pointed out by the Office stands waived in view of the fact that petitioners have already submitted a Representation before the Nodal Officer seeking protection, which has not been decided. [2025:RJ-JP:23553] (2 of 3) [CRLW-803/2025] 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 render any affirmation of legality and validity of the status of parties, under which they are living together but keeping in mind [2025:RJ-JP:23553] (3 of 3) [CRLW-803/2025] 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 DAKSH/201