Disposed

Kamala Saini D/O Shri Eshwar Saini v. State of Rajasthan

Rajasthan HC8 Jan 2021CRLMP/22/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of a Section 482 petition filed by Kamala Saini seeking police protection from alleged threats by private respondents. Directing the SHO to treat the petition as a complaint for protective measures, the court noted that this order does not bar future civil/criminal proceedings.

What did the court decide?

Direction to Station House Officer to treat petition as complaint and take necessary preventive measures to ensure safety of the petitioner.

Kamala Saini D/O Shri Eshwar Saini Vs State of… — Service and Employment | Rajasthan HC (2021)

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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. 22/2021

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Kamala Saini D/o Shri Eshwar Saini, Resident Of Ward No.8, Teeba Ki Dhani, Gram Dayara Tehsil Khandela District Sikar Rajasthan At Present Residing Opposite Punjabi Mandir, Srimadhopur District Sikar.

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----Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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The Superintendent Of Police, Sikar District Sikar.

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The Station House Officer, Police Station Srimadhopur District Sikar.

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Bajranglal S/o Shri Motilal Saini, Resident Of Ward No.3, Dhani Mauwali Byepass, Srimadhopur District Sikar.

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Motilal S/o Shri Ghigharam, Resident Of Ward No.3, Dhani Mauwali Byepass, Srimadhopur District Sikar.

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Surghan Chand S/o Shri Motilal, Resident Of Ward No.3, Dhani Mauwali Byepass, Srimadhopur District Sikar.

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Eshwar Lal S/o Shri Kajodmal Saini, Resident Of Ward No. 8, Teeba Ki Dhani, Gram Dayara Tehsil Khandela District Sikar.

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Moolchand S/o Shri Eshwar Lal, Resident Of Ward No. 8, Teeba Ki Dhani, Gram Dayara Tehsil Khandela District Sikar.

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Kishaore S/o Shri Eshwar Lal, Resident Of Ward No. 8, Teeba Ki Dhani, Gram Dayara Tehsil Khandela District Sikar.

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----Respondents

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For Petitioner(s) : Mr. Santosh Singh Shakhawat through VC For Respondent(s) : Mr. Ramesh Chaudhary, PP

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(2 of 3)

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[CRLMP-22/2021]

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HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

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Order

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08/01/2021

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

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Heard learned counsel for both the sides and perused the material made available on record.

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Learned counsel for the petitioner submits that the petitioner was married in her childhood but now she is living separately at Srimadhopur and running a beauty parlor but private respondents are regularly threatening the petitioner. Given that her life and liberty is in danger, police protection may be granted to her.

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Learned Public Prosecutor submits that appropriate directions may be issued.

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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.

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Heard. Considered.

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Article 21 of the Constitution of India guarantees fundamental right to every person for protection of his life and personal liberty except according to procedure established by law. 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. Therefore, 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 petitioner shall send a copy of the petition along with its annexures to the Station House Officer of concerned Police Station through e-mail, and on

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(3 of 3)

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[CRLMP-22/2021]

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receipt of the same, the Station House Officer concerned shall treat this petition as complaint and after due enquiry he shall take necessary preventive measures and other steps to ensure safety and security of the petitioner in accordance with law.

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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.

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(SATISH KUMAR SHARMA),J

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FAHEEM AHMAD /2

Kamala Saini D/O Shri Eshwar Saini v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kamala Saini D/O Shri Eshwar Saini v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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