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2021 DIGILAW 872 (RAJ)

Saroj Devi v. State Of Rajasthan

2021-04-20

MAHENDAR KUMAR GOYAL

body2021
JUDGMENT 1. This petition has been filed under Section 482 of CrPC for protection of life and personal liberty of the petitioners. 2. Learned counsel for the petitioners submitted that both the petitioners are major and were married with consent of their respective parents, the same being arranged marriage. He submitted that two sisters of the petitioner no.1 were married to two brothers of the petitioner no.2 and her sisters, leaving their in-laws family, are residing at their "pihar". Learned counsel submitted that now the parents and other family members of the petitioner no.1, i.e., the respondents no.5 to 9, are pressurising and harassing the petitioners so that the petitioner no.1 may also return back to her "pihar". Given that their life and liberty is in danger, police protection may be granted to them. 3. Learned Public Prosecutor submits that appropriate directions may be issued. 4. Heard. Considered. 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. It is well settled legal position as expounded by the Hon'ble Supreme Court of India in Lata Singh Vs. State of UP [ AIR 2006 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 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. 7. 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. 7. 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 registered post/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. 8. 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.