Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 43207 (RAJ)

SHABNAM D/O SHALENDRA W/O SANJAY KUMAR v. STATE OF RAJASTHAN

CRLW/1606/2025 · 2025-12-08

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:49838] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No.1606/2025 1. Shabnam D/o Shalendra W/o Sanjay Kumar, Aged About 25 Years, R/o Gurjar Colony, Dehli Road, Bakthal Ki Choki, Alwar At Present R/o Hingotiya Ka Mohalla, Diwakari, Alwar 2. Sanjay Kumar S/o Radheshyam, Aged About 25 Years, R/o Hingotiya Ka Mohalla, Diwakari, Alwar ----Petitioners Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Home, Govt. Of Rajasthan, Secretariat, Jaipur 2. Superintendent Of Police, Alwar 3. Sho/ Nodal Officer, Police Station, Alwar 4. Shalendra Singh S/o Murari Singh, R/o Gulab Nagar, M.i.a. Road, Bakthal Ki Choki, P.s. M.i.a, Alwar 5. Mithlesh Devi D/o Babu Singh, R/o Gulab Nagar, M.i.a. Road, Bakthal Ki Choki, P.s. M.i.a, Alwar 6. Mohit Singh S/o Shalendra Singh, R/o Gulab Nagar, M.i.a. Road, Bakthal Ki Choki, P.s. M.i.a, Alwar 7. Rajvardhan S/o Shalendra Singh, R/o Gulab Nagar, M.i.a. Road, Bakthal Ki Choki, P.s. M.i.a, Alwar 8. Surendra Singh S/o Murari Singh, R/o Rajput Mohalla, Village Bailkheda, Tehsil Kama, District Bharatpur 9. Karanpal Singh S/o Murari Singh, R/o Rajput Mohalla, Village Bailkheda, Tehsil Kama, District Bharatpur 10. Saurabh Singh S/o Rajveer Singh, R/o Rajput Mohalla, Village Bailkheda, Tehsil Kama, District Bharatpur 11. Vantu Singh S/o Rajveer Singh, R/o Rajput Mohalla, Village Bailkheda, Tehsil Kama, District Bharatpur 12. Vinod Singh S/o Rajveer Singh, R/o Rajput Mohalla, Village Bailkheda, Tehsil Kama, District Bharatpur 13. Mela S/o Rajveer Singh, R/o Rajput Mohalla, Village Bailkheda, Tehsil Kama, District Bharatpur 14. Chirag S/o Vantu Singh, R/o Rajput Mohalla, Village Bailkheda, Tehsil Kama, District Bharatpur [2025:RJ-JP:49838] (2 of 4) [CRLW-1606/2025] 15. Omkar S/o Vantu Singh, R/o Rajput Mohalla, Village Bailkheda, Tehsil Kama, District Bharatpur 16. Himanshu S/o Karanpal Singh, R/o Rajput Mohalla, Village Bailkheda, Tehsil Kama, District Bharatpur 17. Shiv Singh S/o Babu Singh, R/o Village Kankroli, Tehsil Kathumar, District Alwar 18. Shyam Singh S/o Babu Singh, R/o Village Kankroli, Tehsil Kathumar, District Alwar ----Respondents For Petitioner(s) : Mr. Narendra Prasad Meena For Respondent(s) : Mr. Vivek Choudhary, PP Ms. Manju Chauhan for Mr. Jagmohan Bhardwaj JUSTICE ANOOP KUMAR DHAND Order 08/12/2025 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. Article 21 of the Constitution of India provides for right to life and personal liberty under the ambit of fundamental rights and any threat to the same amounts to violation of the same. 4. The contents of the petition indicate that both the petitioners are of major age and they have solemnized marriage with each other on 26.11.2025, and their marriage has been registered by the competent authority as well. A certificate in this regard has also been issued and life and liberty of the petitioners are stated to be at stake [2025:RJ-JP:49838] (3 of 4) [CRLW-1606/2025] at the hands of the private respondents and prior to approaching this Court, the petitioners had already submitted representations before the Nodal Officer/Superintendent of Police, Jaipur and 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 while deciding S.B. Criminal Writ Petition No.792/2024, but no heed has been paid, hence, under the compelling circumstances, the petitioners have approached this Court. 5. The petitioners have put in appearance in person before this Court and the petitioner No.1 submits that she faces serious threats at the hands of her parents and other family members as she has solemnized marriage, as per her own choice with the petitioner No.2, which is against the wish and will of her parents and other family members. She further submits that they are openly threatening the petitioners to face dire consequences of their marriage. 6. Considering the seriousness of the matter, this Court issues direction to the SHO, Police Station Ashok Nagar, Jaipur to provide police aid/assistance for their safe travel to the concerned jurisdictional Police Station, i.e., Police Station MIA, Alwar. The SHO, Police Station MIA, Alwar is further directed to provide adequate security to the petitioners and ensure that no harm is caused to them. 7. It is well settled legal position as expounded by the Hon'ble Supreme Court in the cases of Lata Singh Vs. State of UP, [2025:RJ-JP:49838] (4 of 4) [CRLW-1606/2025] 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 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. 8. Looking to the fact that the petitioners have already submitted appropriate representation/application seeking protection before the Nodal Officer as well as 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. 9. It is made clear that any observation in this order shall not affect any criminal and civil proceeding initiated against the petitioners. 10. 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 Karan/246