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2021 DIGILAW 128 (RAJ)

Pooja Burdak v. State Of Rajasthan

2021-01-19

SATISH KUMAR SHARMA

body2021
JUDGMENT Satish Kumar Sharma, J. - This Petition has been filed under Section 482 Cr.P.C. for protection of life and personal liberty of the petitioners. 2. Heard learned counsel for both the sides and perused the material made available on record. 3. Learned counsel for the petitioners submits that petitioner No.1 is married but due to continuous torture and harassment she was compelled to leave her matrimonial house and now she is living in live-in-relationship with petitioner No.2, who is unmarried, with her own will, but the private respondents and others are not happy with their relationship and they are threatening the petitioners. Private respondents have no right to harass the petitioners and to take the law in their hands. Given that their life and liberty is in danger, police protection may be granted to them. 4. Learned Public Prosecutor submits that appropriate directions may be issued. 5. In view of the order intended to be passed in the petition, being non-prejudicial to the private respondents, no notices are required against them. 6. Heard. Considered. 7. It is well settled legal position as expounded by the Hon'ble Supreme Court of India in Lata Singh Vs. State of UP, (2006) AIR SC 2522], S. Khushboo Vs. Kanniammal, (2010) 5 SCC 600 ], Indra Sarma Vs. VKV Sarma, (2013) 15 SCC 755 ] and Shafin Jahan vs. Asokan KM & Ors., (2018) 16 SCC 368 ] that the society cannot determine how individuals live their lives, especially when they are major, irrespective of the fact that the relation between two major individuals may be termed as immoral and unsocial. Thus, 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 Rajasthan Police Act, 2007 every police officer is duty bound to protect the life and liberty of the citizens. 8. Thus, 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 Rajasthan Police Act, 2007 every police officer is duty bound to protect the life and liberty of the citizens. 8. Therefore, in light of above legal position, and having regard to the above submissions but without expressing any opinion on the genuineness or correctness of the allegations made by the petitioners, this petition is disposed of with the direction that learned counsel for the petitioners shall send a copy of the petition along with its annexures to the Station House Officer of concerned Police Station through e-mail, and on receipt of the same, the Station House Officer concerned shall treat it as a complaint and after due enquiry, he shall take necessary preventive measures and other steps to ensure safety and security of the petitioners in accordance with law. 9. However, as a precautionary note, it is made clear that this order shall not come in the way of civil/criminal case, if any, and such case would take its own course as per law.