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2025 DAILYLAW 37046 (RAJ)

MAMTA KUMAWAT D/O SH. PRABHUDAYAL KUMAWAT, W/O SH. NILESH KUMAR OLA v. STATE OF RAJASTHAN

CRLW/1410/2025 · 2025-11-01

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 1410/2025 1. Mamta Kumawat D/o Sh. Prabhudayal Kumawat, W/o Sh. Nilesh Kumar Ola, Aged About 26 Years, R/o 19 Saket Vihar-C, Hathoj, Jaipur (Alka College 23 Rajvatika Machva, Kalwar Road, Jaipur) (Raj.) At Present R/o Ola Ki Dhani, Kishangarh-Renwal, District Jaipur. 2. Nilesh Kumar Ola S/o Sh. Mohan Lal Ola, Aged About 27 Years, R/o Ola Ki Dhani, Kishangarh-Renwal, District Jaipur. ----Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. The Director General Of Police, Police Head Quarter, Lal Kothi, Jaipur. 3. The Nodal Officer, Special Investigation Unit Crime Against Women Cell, Jaipur (West). 4. The Superintendent Of Police, Jaipur Rural. 5. The Deputy Commissioner Of Police, Jaipur West. 6. The Station House Officer Police Station, Bindayaka, Jaipur (Raj.) 7. Prabhudayal Kumawat S/o Late Sh. Heera Lal Kumawat, R/o Hathoj District Jaipur. 8. Ashok Kumawat S/o Sh. Prabhudayal Kumawat, R/o Hathoj District Jaipur. 9. Rajeshwari Kumawat D/o Sh. Prabhudayal Kumawat, R/o Hathoj District Jaipur. 10. Satyanarayan Kumawat S/o Sh. Jagannath Kumawat, R/o Indra Colony, Main Market, Jobner District Jaipur. 11. Suresh Kumawat S/o Sh. Jagannath Kumawat, R/o Indra Colony, Main Market, Jobner District Jaipur. 12. Sunita W/o Sh. Satyanarayan, R/o Indra Colony, Main Market, Jobner District Jaipur. ----Respondents (2 of 3) [CRLW-1410/2025] For Petitioner(s) : Mr. Mukesh Dudi For Respondent(s) : Mr. Amit Gupta, PP with Mr. Shubham Sain JUSTICE ANOOP KUMAR DHAND Order 01/11/2025 1. Defect(s) pointed out by the Office stands waived. 2. The petitoners have preferred this petition for issuance of necessary directions to the official-respondents to provide adequate security and protection to them on the ground that they are facing grave threat to their life and liberty at the hands of private respondent(s). 3. Counsel for the petitioners submits that both the petitioners are major and they have solemnized marriage with each other on 10.10.2025 and their marriage has been registered by the competent authority and a certificate in this regard has also been issued. Counsel submits that prior to approaching this Court the petitioners have already submitted representation before the concerned Station House Officer pursuant to the orders passed by the Co-ordinate Bench of this Court in the case of Suman Meena vs. State of Rajasthan (S.B. Criminal Writ Petition No.792/2024). Counsel submits that appropriate directions be issued in favour of the petitioners. 4. It is well settled legal position as expounded by the Hon'ble Supreme Court in the cases of Lata Singh Vs. State of UP, reported in AIR 2006 SC 2522, S. Khushboo Vs. (3 of 3) [CRLW-1410/2025] Kanniammal, reported in (2010) 5 SCC 600, Indra Sarma Vs. VKV Sarma reported in (2013) 15 SCC 755 and Shafin Jahan Vs. Asokan KM reported in (2018) 16 SCC 368 that the life and personal liberty of the individuals has to be protected except according to procedure established by law, as mandated by Article 21 of the Constitution of India. Further, as per Section 29 of the Rajasthan Police Act, 2007 every police officer is duty bound to protect the life and liberty of the citizens. 5. Considering the arguments put forward by the learned counsel for the petitioners and looking to the fact that the petitioners have already submitted appropriate representation/application seeking protection before the Nodal Officer/concerned Station House Officer, it is expected from the officers concerned to look into the matter in terms of the directions issued by this Court in the case of Suman Meena (supra) and ensure that after analyzing the threat perceptions, if necessitated, may pass necessary orders to provide adequate security and protection to the petitioners. 6. It is made clear that any observation made by this Court/Nodal Officer shall not affect any criminal and civil proceeding initiated against the parties. 7. With the aforesaid observations, the instant criminal writ petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/105