Joshana Kumari And Ors vs State Of Rajasthan And Ors

This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners with the following prayers :-

"It is, therefore, most respectfully prayed that this Misc. Petition may kindly be allowed and ;-

(i) the respondents authorities be directed to provide police protection to the petitioners.

(ii) if any FIR is lodged against the petitioners by the respondent no. 5 and other family members the official respondents be directed to give notice to the petitioners before taking any action on the said FIR and thy be further restrained from taking any coercive action against the petitioners.

(iii) Such other and further order/orders as this Hon'ble Court may deems fit and proper in the facts and circumstances of the present case and in the interest of justice."

Learned counsel for the petitioners has submitted that the petitioners are major and as per their own will, they have married to each other but the family members of the petitioner No.1 are annoyed with their marriage and have threatened them with dire consequences, therefore, adequate police protection be provided to the petitioners.

After considering the arguments advanced by learned counsel for the petitioners and after taking into consideration the facts and circumstances of the case, this Court is of the opinion that if the petitioners are having any apprehension regarding their lives and liberty from the relatives of the petitioner No.1, they may move appropriate representation before the Superintendent of Police, Jalore narrating their grievance. It is expected that if any such representation is moved on behalf of the petitioners, the Superintendent of Police, Jalore shall consider the same and after analysing the threat perception, if required so, may pass necessary orders.

It is made clear that this order is not a proof of age and the marriage of the petitioners and any observations made in this order shall not affect any criminal and civil proceedings initiated against the petitioners at the instances of their relatives.

With these observations, this criminal misc. petition is disposed of.

Stay petition also stands disposed of.