Disposed

Smt. Munni Devi W/O Shri Ramkishore Sharma v. State of Rajasthan

Rajasthan HC10 Aug 2020CRLMP/1234/2020

Case brief

AI extract

What is this about?

Single judge order disposing a Section 482 CrPC petition seeking protection for petitioners performing temple worship against threats. Court directed SHO to treat received petition as a complaint and take safety measures, reserving right to investigate underlying cases.

What did the court decide?

Directing SHO to treat the petition as a complaint and take necessary preventive measures for safety of petitioners.

Smt. Munni Devi W/O Shri Ramkishore Sharma Vs… — Criminal Trial and Appeal | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1234/2020

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Smt. Munni Devi W/o Shri Ramkishore Sharma, Caste Brahmin, R/o Village Baasbawdi, Panchayat Devguda, Sub-Tehsil Jaalsu, Tehsil Amber, Police Station Kaaladera, District Jaipur (Raj.)

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Kamlesh Sharma S/o Shri Ramkishore Sharma, Caste Brahmin, R/o Village Baasbawdi, Panchayat Devguda, Sub-Tehsil Jaalsu, Tehsil Amber, Police Station Kaaladera, District Jaipur (Raj.)

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Sushil Sharma S/o Shri Ramkishore Sharma, Caste Brahmin, R/o Village Baasbawdi, Panchayat Devguda, Sub-Tehsil Jaalsu, Tehsil Amber, Police Station Kaaladera, District Jaipur (Raj.)

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Ram Kishore Sharma S/o Late Shri Harsahay, Caste Brahmin, R/o Village Baasbawdi, Panchayat Devguda, Sub-Tehsil Jaalsu, Tehsil Amber, Police Station Kaaladera, District Jaipur (Raj.)

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp

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Superintendent Of Police, Jaipur Rural, Jaipur

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S.h.o., Police Station Kaladera, Jaipur Rural, Jaipur

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Rajendra S/o Shri Suvalal, Caste Brahmin, R/o Village Baasbawdi, Panchayat Devguda, Sub-Tehsil Jaalsu, Tehsil Amber, Police Station Kaaladera, District Jaipur (Raj.)

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Maaliram S/o Shri Basantilal, Caste Brahmin, R/o Village Baasbawdi, Panchayat Devguda, Sub-Tehsil Jaalsu, Tehsil Amber, Police Station Kaaladera, District Jaipur (Raj.)

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Sunil S/o Shri Chiranjilal, Caste Brahmin, R/o Village Baasbawdi, Panchayat Devguda, Sub-Tehsil Jaalsu, Tehsil Amber, Police Station Kaladera, District Jaipur (Raj.)

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Bhuvan S/o Shri Narayan Tiwari, Caste Brahmin, R/o Village Baasbawdi, Panchayat Devguda, Sub-Tehsil Jaalsu, Tehsil Amber, Police Station Kaladera, District Jaipur (Raj.)

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Sunil S/o Chiranjilal Tiwari, Caste Brahmin, R/o Village Baasbawdi, Panchayat Devguda, Sub-Tehsil Jaalsu, Tehsil

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(2 of 3) [CRLMP-1234/2020]

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Amber, Police Station Kaaladera, District Jaipur (Raj.) 9. Naveen S/o Surendra Tiwari, Caste Brahmin, R/o Village Baasbawdi, Panchayat Devguda, Sub-Tehsil Jaalsu, Tehsil Amber, Police Station Kaladera, District Jaipur (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Harsh Sharma For Respondent(s) : Mr. Shyam P. Sharma, P.P.

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HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

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Order

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10/08/2020

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This Petition has been filed under Section 482 Cr.P.C. for protection to life and personal liberty of the petitioners.

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Learned counsel for the petitioners submits that the petitioners are performing worship in the ancestral temple, but the private respondents are regularly creating hinderances in the worship and they are threatening the petitioners. Being their life and liberty in danger, police protection may be granted to them.

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Learned Public Prosecutor submits that appropriate directions may be issued.

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Aricle 21 of the Constituion of India guarantees fundamental right to every person for protection of his life and personal liberty except according to procedure establisedh by law. Therefore, 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

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(3 of 3)

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[CRLMP-1234/2020]

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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 complaint and he shall take necessary preventive measures and other steps to ensure safety and security of the petitioners in accordance with law.

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However, as a precautionary note, it is made clear that without prejudice to the rights of the either party, this order shall not come in the way of investigation of the civil or criminal case, if any, and such case would take its own course as per law.

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(SATISH KUMAR SHARMA),J

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Arun/141

Smt. Munni Devi W/O Shri Ramkishore Sharma v. State of Rajasthan

Case brief

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Smt. Munni Devi W/O Shri Ramkishore Sharma v. State of Rajasthan

Case brief

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