IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH, JAIPUR

S.B. CRIMINAL WRIT PETITION NO. /2023

SMT. RAJU DOTANIYA

V/S
STATE OF RAJASTHAN & ORS.

INDEX
S.NO. PARTICULARS PAGE
NO.
1. Memo of writ petition
2. Affidavit in support of writ
petition
3. Memo of Stay application
4. Affidavit in support of Stay
application.
5. DOCUMENTS
Annex.-1 Copy of Aadhar Card of the
petitioner.
Annex.-2 Copy of representation
dated 04.03.2023.
6. Affidavit in support of the
Documents
PLACE: JAIPUR

DATED:

COUNSEL FOR THE PETITIONER

 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
S.B. CRIMINAL WRIT PETITION NO. /2023
SMT. RAJU DOTANIYA
V/S
STATE OF RAJASTHAN & ORS.
SYNOPSIS
 That, the petitioner being bonafide resident of
Raigaro Ka Mohalla, Ward No. 6, Gram Majijpura,
Tehsil Jamwaramgarh, District Jaipur and she being
qualified as M.Sc., B.Ed. and the marriage of the
petitioner was solemnized with the respondent no.
8 on 15.03.2021 and after the marriage the
respondent no. 8 to 14 demanded dowry and
committed mental and physical cruelty with the
petitioner and respondent no. 8 used to beat and
quarrel with the petitioner and the commits mental
and physical torture with the petitioner and
threatened that your family members did not give
dowry according to our status and at the same time
say that your father did not give us anything in
dowry by taking a Creta Car, a house in Jaipur and
Rs. 5 Lacs in cahs from his father, only then will
we keep you in this house, otherwise we will keep
on abusing and humiliating you like this everyday
and will behave like a maidservant, when the
petitioner says that the status of her parents is
a Creta Cara, a house in Jaipur and Rs. 5 lacs is
not to be given, then respondent no. 8 and
respondent no. 9 both keep on thrashing and abusing
the petitioner after drinking alcohol.
 That being aggrieved from the action of the
respondent no. 8 to 14, the petitioner made a
representation on 04.03.2023 to the SHO, Police
Station Raisar, Jaipur Rural to take coercive
action against the respondent no. 8 to 14 but
despite that no suitable action has been taken by
the police against him.
 That the petitioner is hereby seeking from this
Hon’ble High Court to be protected her life and
liberty from respondent no. 8 to 14, who are
committed harassment with the petitioner and
respondent no. 8 to 14 also tortured the petitioner
without maintaining her properly.

HENCE THIS WRIT PETITION.

COUNSEL FOR THE PETITIONER

 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH, JAIPUR

S.B. CRIMINAL WRIT PETITION NO. /2023

Smt. Raju Dotaniya D/o Shri Girdhari Lal

Raigar, W/o Sunny Kumar Mundotiya, aged
about 26 years, R/o Ward No. 06, Raigaro Ka
Mohalla, Majipura, Jaipur.
.......PETITIONER

VERSUS

1. State of Rajasthan through Public

Prosecutor.
2. The Director General of Police, Rajasthan,
Jaipur.
3. The Superintendent of Police, District
Jaipur Rural.
4. The Commissioner of Police, Police
Commissionerate, Govt. Hostel, M.I. Road,
Jiapur.
5. The Station House Officer, Police Station
Raisar, District Jaipur.
6. The Station House Officer, Police Station
Muhana, District Jaipur.
7. The Station House Officer, Police Station
Shyam Nagar, District Jaipur.
8. Sunny Kumar Mundotiya S/o Gulab Chand
Mundotiya,
9. Gulab Chand Mundotiya S/o Harsahay
Mundotiya,
10. Dafu Devi W/o Gulab Chand Mundotiya,
11. Ravi Kumar Mundotiya S/o Gulab Chand
Mundotiya,
12. Jayanti Mudnotiya D/o Gulab Chand Mundotiya,
All are residing at House No. 140, Shyam
Nagar-III, Sanganer, Jaipur.
13. Khushbu Beniwal D/o Prabhudayal Benilwal,
14. Prabhudayal Beniwal S/o Ramlal Beniwal,
Both are residing at House No. 182, Sukadiya
Colony, Achrol, Tehsil Amer, District
Jaipur.

........RESPONDENTS

S.B. CRIMINAL WRIT PETITION UNDER

ARTICLE 226 OF THE CONSTITUTION OF INDIA
AND
IN THE MATTER OF RULE 315(1)(H) OF
RAJASTHAN HIGH COURT RULES, 1952
AND
IN THE MATTER OF SEEKING DIRECTION/ORDER
FOR PROTECTION TO THE LIFE AND LIBERTY OF
THE PETITIONER DUE TO THREAT TO KILL AND
HARASSMENT COMMITTED BY THE RESPONDENT NO.
8 TO 14;
AND
IN THE MATTER OF PRINCIPLE OF NATURAL
JUSTICE.
To,
THE HON’BLE ACTING CHIEF JUSTICE AND
HIS OTHER COMPANION JUDGES OF THE
HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JAIPUR BENCH JAIPUR.
MAY IT PLEASE YOUR LORDSHIP.
The humble petitioner most respectfully
beg to submit this writ petition as under:-
1. That the petitioner is citizen of India and
hence she is entitled to invoke the extra
ordinary jurisdiction of the Hon’ble High Court
under article 226 of the Constitution of India
for redressal of her genuine, justified and
legal grievances by way of filling this writ
petition.
2. That, the petitioner being bonafide resident
of Raigaro Ka Mohalla, Ward No. 6, Gram
Majijpura, Tehsil Jamwaramgarh, District
Jaipur and she being qualified as M.Sc.,
B.Ed. and the marriage of the petitioner was
solemnized with the respondent no. 8 on
15.03.2021 and after the marriage the
respondent no. 8 to 14 demanded dowry and
committed mental and physical cruelty with
the petitioner and respondent no. 8 used to
beat and quarrel with the petitioner and the
commits mental and physical torture with the
petitioner and threatened that your family
members did not give dowry according to our
status and at the same time say that your
father did not give us anything in dowry by
taking a Creta Car, a house in Jaipur and
Rs. 5 Lacs in cahs from his father, only
then will we keep you in this house,
otherwise we will keep on abusing and
humiliating you like this everyday and will
behave like a maidservant, when the
 petitioner says that the status of her
parents is a Creta Cara, a house in Jaipur
and Rs. 5 lacs is not to be given, then
respondent no. 8 and respondent no. 9 both
keep on thrashing and abusing the petitioner
after drinking alcohol. Copy of Aadhar Card
of the petitioner is enclosed herewith and
marked as ANNEXURE-1.
3. That being aggrieved from the action of the
respondent no. 8 to 14, the petitioner made
a representation to the SHO, Police Station
Raisar, Jaipur Rural to take coercive action
against the respondent no. 8 to 14 but
despite that no suitable action has been
taken by the police against him. Copy of
complaint dated 04.03.2023 is enclosed
herewith and marked as ANNEXURE-2.
4. That the petitioner is hereby seeking from
this Hon’ble High Court to be protected her
life and liberty from respondent no. 8 to
14, who are committed harassment with the
petitioner and respondent no. 8 to 14 also
tortured the petitioner without maintaining
her properly.
5. That the humble petitioners also approached
to the respondent authorities by bringing
all the facts relating to protection of her
life and liberty but it is sorry to submit
that the respondent authorities did not
initiate any action against the respondent
no. 8 to 14.
6. That the respondent no. 8 to 14 are
threatening to the petitioner for dire
consequences. Therefore, the petitioner is
having threat to her life and liberty from
respondent no. 8 to 14 and the respondents
authorities are also absolutely failed to
protect the fundamental rights of the life
and liberty as provided under section 21 of
the Constitution of India of the petitioner,
therefore, the petitioner is filing the
present petition for seeking protection from
this Hon’ble Court.
7. Therefore, in the facts and circumstances
of the case the humble petitioner is having
no other alternative, efficacious and speedy
remedy except to approach this Hon’ble Court
to secure this fundamental rights guaranteed
under the Constitution of India.
8. That, the respondent no. 8 to 14 regularly
threatened for dire consequences by using
their dominating position and therefore,
the petitioner apprehended that she may
be killed by the respondent no. 8 to 14.
Therefore, the petitioner need
protection from the Hon’ble Court.
9. That, the right of life and liberty of
the petitioner has been curtailed in the
present case. The petitioner is not being
allowed to live freely, therefore, there
is a violation of Article 14, 21 & 25 of
the Constitution of India.
 10. That, if the Hon’ble Court has not given
protection to the petitioner, the
petitioner has strong apprehension that
she might be killed by respondent no. 8
to 14. Therefore, the petitioner need
protection from the Hon’ble Court
11. That, the petitioner and her son is
running here and there and they
apprehended that if the adequate
protection will not be provided to them,
they might be harmed and humiliated by
the respondent no. 8 to 14.
12. Because, the other submissions will be urged
at the time of arguments.
13. That the petitioner has been left with no other
alternative efficacious and speedy remedy
except to approach this Hon'ble High Court by
filling the present writ petition under article
226 of the constitution of India.
PRAYER

It is, therefore, most respectfully prayed

that your lordship may graciously be pleased to

accept and allow the writ petition and by an

appropriate writ, order or direction in nature

thereof:

i) The respondent authorities i.e. respondent

no. 2 to 7 may kindly be directed to provide

immediate protection of life and liberty of

 the petitioners, so that no untoward incident

may take place against her;

ii) By an appropriate order or direction the

respondent no. 8 to 14 may kindly be directed
not to interfere into the peaceful life of
the humble petitioner.
iii) Any other order or direction which this Hon’ble
Court deems just and proper may also be passed
in the facts and circumstances of the case.

Humble Petitioner

DATED Through her Counsel

(SURESH KUMAR/PRATIBHA GUPTA

/DHANNJAY AGARWAL)
Advocates
R/1152/2007
Email: sureshkumaradvo@gmail.com
(M) 9413066680
NOTES:-
1. That no such S.B. Criminal Writ Petition has
been filed previously in this matter before
this Hon’ble Court or before Hon’ble Apex Court
of India.
2. That P.F. Notices and extra sets shall be filed
within stipulated time.
3. That it has typed by our private steno in our
office who is not an employee of this Hon’ble
Court.
4. That as the pie papers are not readily available
hence typed on stout papers.
5. That the virus of Act & rules have not been
Challenged in this Writ Petition.

COUNSEL FOR THE PETITIONER

 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
S.B. CRIMINAL WRIT PETITION NO. /2023
SMT. RAJU DOTANIYA
V/S
STATE OF RAJASTHAN & ORS.
AFFIDAVIT IN SUPPORT OF WRIT PETITION

I, Smt. Raju Dotaniya D/o Shri Girdhari Lal

Raigar, W/o Sunny Kumar Mundotiya, aged
about 26 years, R/o Ward No. 06, Raigaro Ka
Mohalla, Majipura, Jaipur, do hereby take
oath and state as under :-
1. That I am petitioner in the present case and
am well conversant with the facts and
circumstances of the case.
2. That the annexed writ petition has been
drafted by my counsel under my instructions,
which have been read over to me and I have
understood the same as well.
3. That the contents in paras of the annexed
writ petition are true and correct to my
personal knowledge.

VERIFICATION
I, the above named deponent do hereby attest
and verify that the contents of para 1 to 3
of the affidavit are true and correct to the
best of my knowledge. Nothing material has
been concealed therein nor any part of it
is false. S0 MAY GOD HELP ME.
 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
S.B. CRIMINAL WRIT PETITION NO. /2023

SMT. RAJU DOTANIYA

V/S
STATE OF RAJASTHAN & ORS.
AFFIDAVIT IN SUPPORT OF DOCUMENTS

I, Smt. Raju Dotaniya D/o Shri Girdhari Lal

Raigar, W/o Sunny Kumar Mundotiya, aged about 26
years, R/o Ward No. 06, Raigaro Ka Mohalla,
Majipura, Jaipur, do hereby take oath and state
as under :-

1. That I am petitioner in the present case and

am well conversant with the facts and
circumstances of the case.

2. That the document annexed with the writ

petition as Annexure No – 1 & 2 are true &
correct photo/internet copies of its
original.

VERIFICATION
I, the above named deponent do hereby attest
and verify that the contents of para 1 to 2 of
the affidavit are true and correct to the best
of my knowledge. Nothing material has been
concealed therein nor any part of it is false.
So MAY GOD HELP ME.
 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR

S.B. CRIMINAL MISC.STAY APPLICATION NO. /2023

IN
S.B. CRIMINAL WRIT PETITION NO. /2023

Smt. Raju Dotaniya D/o Shri Girdhari Lal

Raigar, W/o Sunny Kumar Mundotiya, aged
about 26 years, R/o Ward No. 06, Raigaro Ka
Mohalla, Majipura, Jaipur.
.......PETITIONER

VERSUS

1. State of Rajasthan through Public

Prosecutor.
2. The Director General of Police, Rajasthan,
Jaipur.
3. The Superintendent of Police, District
Jaipur Rural.
4. The Commissioner of Police, Police
Commissionerate, Govt. Hostel, M.I. Road,
Jiapur.
5. The Station House Officer, Police Station
Raisar, District Jaipur.
6. The Station House Officer, Police Station
Muhana, District Jaipur.
7. The Station House Officer, Police Station
Shyam Nagar, District Jaipur.
8. Sunny Kumar Mundotiya S/o Gulab Chand
Mundotiya,
9. Gulab Chand Mundotiya S/o Harsahay
Mundotiya,
10. Dafu Devi W/o Gulab Chand Mundotiya,
11. Ravi Kumar Mundotiya S/o Gulab Chand
Mundotiya,
12. Jayanti Mudnotiya D/o Gulab Chand Mundotiya,
All are residing at House No. 140, Shyam
Nagar-III, Sanganer, Jaipur.
13. Khushbu Beniwal D/o Prabhudayal Benilwal,
14. Prabhudayal Beniwal S/o Ramlal Beniwal,
Both are residing at House No. 182, Sukadiya
Colony, Achrol, Tehsil Amer, District
Jaipur.

........RESPONDENTS

S.B. CRIMINAL MISC. STAY APPLICATION UNDER

ARTICLE 226 OF THE CONSTITUTION OF INDIA
READ WITH SECTION 151 OF CPC.

To,

THE HON’BLE ACTING CHIEF JUSTICE AND

HIS OTHER COMPANION JUDGES OF THE
HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JAIPUR BENCH JAIPUR.

MAY IT PLEASE YOUR LORDSHIPS,

The Humble petitioner most respectfully

begs to submit as under :-

1. That the petitioner has this day filed the

above titled writ petition, wherein

petitioner has every hope of success.

2. That the facts and grounds mentioned in the

above writ petition may be taken to be the

facts of this stay application to avoid

repetition and the stay petition may be

treated as part and parcel of the writ

petition.

3. That from the facts and circumstances

narrated in writ petition, it is clearly

apparent that the petitioner has made out a

strong prima facie case in her favour and

balance of convenience also lies in favour

of the petitioner in passing ad-interim

relief as sought for otherwise an

irreparable loss would be caused to her.

PRAYER

It is, therefore, respectfully prayed

that your lordships may please to accept and

allow this Stay Application during the

pendency of the annexed petition, the

respondent no. 2 to 7 may kindly be directed

to provide protection to the humble

petitioner and not to harass the petitioner

and the respondent no. 8 to 14 may kindly

 be restrained not to interfere into the

peaceful life of the petitioner and if the

respondent no. 8 to 14 filed any another

case against the petitioner may also be

stayed, till the pendency of this Criminal

Misc. Petition.

JAIPUR
DATED HUMBLE PETITIONER

THROUGH HER COUNSEL

(SURESH KUMAR/PRATIBHA GUPTA

/DHANNJAY AGARWAL)
Advocates
R/1152/2007
Email: sureshkumaradvo@gmail.com
(M) 9413066680
NOTES:-
1. That no such S.B. Criminal Stay application has
been filed previously in this matter before
this Hon’ble Court or before Hon’ble Apex Court
of India.
2. That P.F. Notices and extra sets shall be filed
within stipulated time.
3. That it has typed by our private steno in our
office who is not an employee of this Hon’ble
Court.
4. That as the pie papers are not readily available
hence typed on stout papers.

COUNSEL FOR THE PETITIONER

 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
S.B. CRIMINAL MISC.STAY APPLICATION NO. ....../2023
IN
S.B. CRIMINAL WRIT PETITION NO. /2023
SMT. RAJU DOTANIYA
V/S
STATE OF RAJASTHAN & ORS.
AFFIDAVIT IN SUPPORT OF STAY APPLICATION
I, Smt. Raju Dotaniya D/o Shri Girdhari Lal
Raigar, W/o Sunny Kumar Mundotiya, aged about 26
years, R/o Ward No. 06, Raigaro Ka Mohalla,
Majipura, Jaipur, do hereby take oath and state
as under :-
1. That I am petitioner no. 1 in the present case
and am well conversant with the facts and
circumstances of the case.
2. That the annexed Stay Application has been
drafted by my counsel under my instructions,
which have been read over to me and I have
understood the same as well.
3. That the contents in para No. 1 to 3 of the
annexed Stay application are true and correct
to my personal knowledge.

VERIFICATION
I, the above named deponent do hereby attest and
verify that the contents of para 1 to 3 of this
affidavit are true and correct to the best of my
knowledge. Nothing material has been concealed
therein nor any part of it is false. S0 MAY GOD
HELP ME.