Disposed

Manju Bochaliya v. State of Rajasthan

Rajasthan HC2 Aug 2021CRLMP/3879/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of a petition under Section 482 Cr.P.C. directing petitioners to approach the local Station House Officer to report their grievance and seek necessary security measures based on threat perceptions.

What did the court decide?

Petitioners directed to appear before the Station House Officer with representation to seek security based on threat analysis.

Manju Bochaliya Vs State of Rajasthan — Constitutional and Fundamental Rights | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 3879/2021

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Manju Bochaliya W/o Mahaveer Prasad, D/o Suja Ram, Aged About 19 Years, Mangalpura, Teh. Kuchaman City, Dist. Nagaur (Raj.).

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Mahaveer Prasad S/o Ramiwas, Aged About 24 Years, Sabalpura, Tehsil Kuchaman, Dist. Nagaur (Raj.).

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----Petitioners

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Versus

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State Of Rajasthan, Through Chief Secretary, Ministry Of Home Affairs, Jaipur (Raj.).

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The Superintendent Of Police, Nagaur Through Govt. Advocate, Rajasthan High Court, Jodhpur (Raj.).

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Station House Officer, P.s. Chitawa, Kuchaman City Dist. Nagaur (Raj.).

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Circle Officer, Kuchaman City Dist. Nagaur (Raj.). 5. Suja Ram Bochaliya S/o Dalla Ram Bochaliya, Mangalpura, Teh. Kuchaman City, Dist. Nagaur (Raj.).

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Mukesh Bochaliya S/o Suja Ram Bochaliya, Mangalpura, Teh. Kuchaman City, Dist. Nagaur (Raj.).

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----Respondents

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For Petitioner(s) : Mr. Sawar Lal Manda For Respondent(s) : Mr. M.S. Bhati, PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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02/08/2021

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In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

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The petitioners have preferred this criminal misc. petition under Section 482 Cr.P.C. for issuance of necessary directions to the official respondents to provide adequate security

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(2 of 2)

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[CRLMP-3879/2021]

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and protection to the petitioners on the ground that they are facing grave threat of life and liberty at the hands of private respondents.

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Learned counsel for the petitioners submits that Article 21 of the Constitution of India provides for right to life and personal liberty under the ambit of fundamental rights and any threat to the same amounts to violation of the same.

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After hearing learned counsel for the parties as well as perusing the record of the case, this Court disposes of the present petition with the direction to the petitioners to appear before the Station House Officer, Police Station Chitawa, Kuchaman City, District Nagaur alongwith appropriate representation regarding their grievance. The Station House Officer, Police Station Chitawa, Kuchaman City, District Nagaur shall in turn hear the grievance of the petitioners, and after analyzing the threat perceptions, if necessitated, may pass necessary orders to provide adequate security and protection to the petitioners.

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It is made clear that any observation in this order shall not affect any criminal and civil proceedings initiated against the petitioners.

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(DR.PUSHPENDRA SINGH BHATI),J.

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65-Sudheer/-

Manju Bochaliya v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Manju Bochaliya v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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