SONIYA SAINI W/O BABALU SAINI D/O BHANWAR LAL SAINI v. STATE OF RAJASTHAN
CRLW/1526/2025 · 2025-11-24
Anoop Kumar Dhand
body2025
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[ 2025 DAILYLAW 44622 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 44622 (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. 1526/2025
1. Soniya Saini W/o Babalu Saini D/o Bhanwar Lal Saini, Aged About 19 Years, Age As Per 10Th Class Marksheet (D.o.b. 19.12.2006), Resident Of 3, Hem Vihar Colony, Ward No. 25 Kota Road, Devpra, Bundi, Rajasthan. Aadhar No. 9415-4866-5916.
2. Babalu Saini S/o Latur Saini, D.o.b. 03.07.2002, Resident Of 3, Hem Vihar Colony, Ward No. 25, Kota Road, Devpura, Bundi, Rajasthan. Aadhar No. 4427-0237-8588. ----Petitioners Versus
1. State Of Rajasthan, Through Principal Secretary, Department Of Home Affairs, Government Of Rajasthan, Secretariat, Jaipur Through Pp.
2. The Superintendent Of Police, Bundi, Distt. Bundi, Rajasthan.
3. Sho Police Station Dablana, District Bundi.
4. Sho Police Station Sadar Devpura, District Bundi.
5. Bhanwar Lal Saini S/o Mahadev Mali (Father Of Petitioner No. 1), Resident Of Village Mendi, Tehsil Hindoli, District Bundi, Rajasthan.
6. Prem Bai W/o Bhanwar Lal Saini (Mother Of Petitioner No. 1), Resident Of Village Mendi, Tehsil Hindoli, District Bundi, Rajasthan.
7. Bhagchand Saini S/o Mahadev Mali (Uncle Of Petitioner No. 1), Resident Of Village Mendi, Tehsil Hindoli, District Bundi, Rajasthan.
8. Mukesh Saini S/o Kishan Lal Mali (Uncle Of Petitoner No. 1), Resident Of Village Mendi, Tehsil Hindoli, District Bundi, Rajasthan.
9. Ramesh Saini S/o Unknown (Mosa Ji Of Petitioner No. 1), Resident Of Village Ranipura, Tehsil Hindoli, District Bundi, Rajasthan. ----Respondents For Petitioner(s) : Mr. Abhishek Bhardwaj
(2 of 4) [CRLW-1526/2025] For Respondent(s) : Mr. Vivek Choudhary-PP JUSTICE ANOOP KUMAR DHAND
Order 24/11/2025
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.
Learned counsel for the petitioners submits that 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. 3. Counsel for the petitioners submits that both petitioners are major and they have solemnized marriage with each other on 03.11.2025 and their marriage has been registered by the competent authority and a certificate in this regard has also been issued. Counsel submits that the life and liberty of the petitioners are at stack at the hands of private respondents. Counsel submits that before approaching this Court the petitioners have already submitted
representations
before
the
Nodal Officer/Superintendent of Police and 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), but no heed has been paid, hence, under the compelling circumstances, the
(3 of 4) [CRLW-1526/2025] petitioners have approached this Court. 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 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 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. 6.
6. It is made clear that any observation in this order shall not affect any criminal and civil proceeding initiated against the petitioners. (4 of 4) [CRLW-1526/2025]
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 Ashu/265