The High Court of Rajasthan, through learned judge, Justice Sathish Kumar Sharma in the case Ajay Kumar v State of Rajasthan (S.B. Criminal Miscellaneous (Petition) No. 3366/2021) granted police protection to couple in live-in relationship
BRIEF FACTS OF THE CASE: The Petition was filed under Section 482 Cr.P.C. for protection of life and personal liberty of the petitioners. Both the petitioners were major and unmarried. They were living in a live-in relationship but the private respondents and others were not happy with their relationship and they were threatening the petitioners. Given that their life and liberty is in danger, the petitioners requested that police protection may be granted to them
JUDGEMENT: After hearing the contentions raised by both the parties, the court held “it is a 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 [(2018) 16 SCC 368] that personal life and liberty has to be protected, except according to procedure established by law as mandated under Article 21 of the Constitution of India, irrespective of the fact that the relation between two major individuals may be termed as immoral and unsocial. 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.” The petition was 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 email, 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.
JUDGEMENT REVIEWED BY – AMRUTHA K