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2025 DAILYLAW 45801 (RAJ)

SHAHIN BANO W/O MOHAMMED ASLAM D/O ISHAK KHAN v. STATE OF RAJASTHAN

CRLW/1504/2025 · 2025-11-19

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:46759] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No.1504/2025 1. Shahin Bano W/o Mohammed Aslam D/o Ishak Khan, Aged About 19 Years, R/o 14-B, Vashishth Nagar, Jain Mandir Ke Pass, Shyam Nagar, Jaipur At Present Shastri Nagar, District Jaipur, Rajasthan. 2. Mohammad Aslam S/o Gafoor Khan, Aged About 29 Years, R/o Plot No. 443, Jp Colony, Sector Marg No. 3, Lankapuri, Shastri Nagar, District Jaipur, Rajasthan ----Petitioners Versus 1. State Of Rajasthan, Through Secretary, Department Of Home, Government Of Rajasthan, Secretariat, Jaipur. 2. Deputy Commissioner Of Police, Jaipur South, District Jaipur. 3. Nodal Officer/sho, Police Station Shyam Nagar, Jaipur South, District Jaipur. Rajasthan 4. Station House Officer, Police Station Shyam Nagar, Jaipur South, District Jaipur. Rajasthan 5. Station House Officer, Police Station Bhatta Basti, Jaipur North, District Jaipur. Rajasthan. 6. Ishak Khan S/o Gaffar Khan, R/o 14-B, Vashishth Nagar, Jain Mandir Ke Pass, Shyam Nagar, Jaipur Rajasthan. 7. Shabnam Bano W/o Ishak Khan, R/o 14-B, Vashishth Nagar, Jain Mandir Ke Pass, Shyam Nagar, Jaipur Rajasthan. 8. Islam Khan S/o Gaffar Khan, R/o 14-B, Vashishth Nagar, Jain Mandir Ke Pass, Shyam Nagar, Jaipur Rajasthan. 9. Bundi Bano D/o Islam Khan Meena, R/o 14-B, Vashishth Nagar, Jain Mandir Ke Pass, Shyam Nagar, Jaipur Rajasthan. 10. Iqbal Khan S/o Gaffar Khan, R/o 14-B, Vashishth Nagar, Jain Mandir Ke Pass, Shyam Nagar, Jaipur Rajasthan. 11. Afroj Bano W/o Iqbal Khan, R/o 14-B, Vashishth Nagar, Jain Mandir Ke Pass, Shyam Nagar, Jaipur Rajasthan. 12. Irfan S/o Iqbal Khan, R/o 14-B, Vashishth Nagar, Jain Mandir Ke Pass, Shyam Nagar, Jaipur Rajasthan. [2025:RJ-JP:46759] (2 of 4) [CRLW-1504/2025] 13. Imran S/o Iqbal Khan, R/o 14-B, Vashishth Nagar, Jain Mandir Ke Pass, Shyam Nagar, Jaipur Rajasthan. 14. Nasreen D/o Iqbal Kahn, R/o 14-B, Vashishth Nagar, Jain Mandir Ke Pass, Shyam Nagar, Jaipur Rajasthan. 15. Ruby D/o Iqbal Khan, R/o 14-B, Vashishth Nagar, Jain Mandir Ke Pass, Shyam Nagar, Jaipur Rajasthan. 16. Salam Khan S/o Gaffar Khan, R/o 14-B, Vashishth Nagar, Jain Mandir Ke Pass, Shyam Nagar, Jaipur Rajasthan. 17. Nisar Khan S/o Gaffar Khan, R/o 14-B, Vashishth Nagar, Jain Mandir Ke Pass, Shyam Nagar, Jaipur Rajasthan. 18. Naseem Bano W/o Nisar Khan, R/o 14-B, Vashishth Nagar, Jain Mandir Ke Pass, Shyam Nagar, Jaipur Rajasthan. 19. Abdul Rajjak Khan S/o Gaffar Khan, R/o 14-B, Vashishth Nagar, Jain Mandir Ke Pass, Shyam Nagar, Jaipur Rajasthan 20. Shabnam Bano W/o Abdul Rajjak Khan, R/o 14-B, Vashishth Nagar, Jain Mandir Ke Pass, Shyam Nagar, Jaipur Rajasthan. 21. Yunus S/o Gafoor Khan, R/o Plot No. 443, Jp Colony, Sector Marg No. 3, Lankapuri, Shastri Nagar, District Jaipur, Rajasthan. 22. Yusuf S/o Gafoor Khan, R/o Plot No. 443, Jp Colony, Sector Marg No. 3, Lankapuri, Shastri Nagar, District Jaipur, Rajasthan ----Respondents For Petitioner(s) : Mr. Mohd. Wasim Khan Mr. Bharat Kumar Mr. Noman Khan For Respondent(s) : Mr. Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND Order 19/11/2025 1. Defect(s) pointed out by the Office stands waived. [2025:RJ-JP:46759] (3 of 4) [CRLW-1504/2025] 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 28.09.2025, 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 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. 5. 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 [2025:RJ-JP:46759] (4 of 4) [CRLW-1504/2025] 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. 6. 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. 7. It is made clear that any observation in this order shall not affect any criminal and civil proceeding initiated against the petitioners. 8. 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/189