PRERNA KUSHWAHA WIFE OF SHRI HIMANSHU SAINI,D/O DEVENDRA PRATAP KUSHWAHA v. THE STATE OF RAJASTHAN
CRLW/1543/2025 · 2025-11-26
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39859 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39859 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 1543/2025
1. Prerna Kushwaha Wife Of Shri Himanshu Saini,d/o Devendra Pratap Kushwaha, Aged About 24 Years, R/o Mohalla Azad Nagar, Jalalabad Shahjahanpur Uttar Pradesh Presently R/o Shiwaji Naga Campu, Ward No.7 Tonk Rajasthan. 2. Himanshu Saini Son Of Shri Jagdish Saini, Aged About 15.12.2003, R/o Shiwaji Naga Campu, Ward No.7 Tonk Rajasthan. They Are Currently Residing Of Shiwaji Naga Campu, Ward No.7 Tonk Rajasthan. ----Petitioners Versus
1. The State Of Rajasthan, Through The Principal Secretary, Department Of Home, Government Secretariat, Jaipur (Raj.). 2. The Director General Of Police, Rajasthan Police, Jaipur (Raj.). 3. The Superintendent Of Police, Tonk (Raj.). 4. Station House Office, Police Station Kotwali Road, Tonk Rajasthan. 5. Devendra Pratap Kushwaha S/o Rajbahadur Kushwaha, R/o Mohalla Azad Nagar, Jalalabad Shahjahanpur Uttar Pradesh. 6. Mahesh Kushwaha, S/o Rajbahadur Kushwaha, R/o Mohalla Azad Nagar, Jalalabad Shahjahanpur Uttar Pradesh. 7. Madhu Kushwaha W/o Devendra Pratap Kushwaha, R/o Mohalla Azad Nagar, Jalalabad Shahjahanpur Uttar Pradesh. 8. Vinod Kushwaha S/o Mahesh Kushwaha, R/o Mohalla Azad Nagar, Jalalabad Shahjahanpur Uttar Pradesh. ----Respondents For Petitioner(s) : Mr. Vikram Singh For Respondent(s) : Mr. Vivek Choudhary, PP Mr. Devi Singh, PP
(2 of 3) [CRLW-1543/2025] JUSTICE ANOOP KUMAR DHAND Order 26/11/2025
1. 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). 2. Counsel for the petitioners submits that both the petitioners are major and they have performed marriage on 17.11.2025 and the same has been registered by the competent authority. Counsel further submits that prior to approaching this Court the petitioners have already submitted representations before the concerned Station House Officer/Nodal 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. 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
(3 of 3) [CRLW-1543/2025] 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 representations/applications seeking protection before the Nodal Officer/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 in this order 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/334