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2025 DAILYLAW 47523 (RAJ)

CHAVI SHARMA DAUGHTER OF MANOJ SHARMA v. STATE OF RAJASTHAN

CRLW/1524/2025 · 2025-11-27

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:48290] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 1524/2025 1. Chavi Sharma Daughter Of Manoj Sharma, Aged About 21 Years, Resident Of Budh Ki Haat, Near Mohan Ji Mandir, Bharatpur, Po Bharatpur, District Bharatpur, Rajasthan-321001. 2. Mohan Nath Dandotiya Son Of Shri Raghvendra Nath Dandotiya, Aged About 27 Years, Resident Of 26/75, Post Office Ke Pichhe, Adarsh Nagar Colony, Bharatpur, Rajasthan - 321001. ----Petitioners Versus 1. State Of Rajasthan, Through Secretary, Home Department, Secretariat, Jaipur. 2. Director General Of Police, Rajasthan, Jaipur. 3. Superintendent Of Police, District Bharatpur. 4. S.h.o., Police Station Mathuragate, District Bharatpur. 5. Additional Commissioner Of Police, Mansarovar, Jaipur. 6. S.h.o., Police Station Mansarovar, Jaipur. 7. Manoj Sharma Son Of Nawal Kishore Sharma, Resident Of Manojji Mandir, Bharatpur, Rajasthan. 8. Dev Sharma Son Of Manoj Sharma, Resident Of Neemwa Gate, Bharatpur (Raj.). 9. Sonu Sharma Son Of Nawal Kishore Sharma, Resident Of Neemwa Gate, Bharatpur (Raj.). 10. Shyam Upadhyay Son Of Not Known., Resident Of Neemwa Gate, Bharatpur (Raj.). 11. Raghvendra Nath Dandoutiya, Resident Of 26/75, Adarsh Colony, Pal Bagh, Bharatpur. 12. Seema Sharma Wife Of Raghvendra Nath Dandoutiya., Resident Of 26/75, Adarsh Colony, Pal Bagh, Bharatpur. 13. Harish Kumar Sharma Son Of Gopal Ram., Resident Of Village Makrol, Post Beswan, District Aligarh. 14. Manoj Sharma Son Of Gopal Ram., Resident Of Village Makrol, Post Beswan, District Aligarh. 15. Chirag Sharma Son Of Harish Kumar Sharma., Resident [2025:RJ-JP:48290] (2 of 4) [CRLW-1524/2025] Of Village Makrol, Post Beswan, District Aligarh. 16. Rajkumar Kaushik Son Of Manik Chand, Resident Of Village Makrol, Post Beswan, District Aligarh. ----Respondents For Petitioner(s) : Mr.Ashwani Kumar Kushwah For Respondent(s) : Mr.Vivek Choudhary, PP Mr.Devi Singh, PP JUSTICE ANOOP KUMAR DHAND Order 27/11/2025 1. Defect(s) pointed out by the Office stands waived. 2. The petitoners have preferred the instant petition for issuance of necessary directions to the State official-respondents to provide adequate security and protection to the petitioners on the ground that they are facing grave threat to their life and personal liberty at the hands of private respondents. 3. The Article 21 of the Constitution of India guarantees the right to life and personal liberty under the ambit of fundamental rights, and any threat to these rights constitutes 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 03.11.2025, and their marriage has been registered by the competent authority. A certificate in this regard has also been issued and life and personal 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 [2025:RJ-JP:48290] (3 of 4) [CRLW-1524/2025] representations before the Nodal Officer/Superintendent of Police 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. 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 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. Considering the facts and circumstances of the case and looking to the fact that the petitioners have already submitted appropriate representation/application seeking protection before the Nodal Officer as well as the 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, they may pass necessary orders to provide adequate security and protection to the petitioners. [2025:RJ-JP:48290] (4 of 4) [CRLW-1524/2025] 7. [2025:RJ-JP:48290] (4 of 4) [CRLW-1524/2025] 7. It is made clear that any observation in this order shall not affect any criminal and civil proceedings 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 Aayush Sharma /294