Disposed

Kailash Choudhary v. State of Rajasthan

Rajasthan HC3 Sept 2021CRLMP/4628/2021

Case brief

AI extract

What is this about?

This criminal misc. petition under Section 482 Cr.P.C. sought necessary directions for security and protection for the petitioners facing grave threats from their relatives. The Court directed the petitioners to appear before the SHO with their grievance to determine threat perceptions and provide security. The order does not affect pending criminal or civil proceedings.

What did the court decide?

Directed petitioners to appear before SHO with grievance for analysis of threat; SHO to provide security based on findings. Stay petition disposed.

Kailash Choudhary Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2021)

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(1 of 2) [CRLMP-4628/2021]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 4628/2021

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Kailash Choudhary S/o Sh. Pukha Ram, Aged About 26 Years, B/c Jat, R/o Godaro Ki Dhaniya, Village Anawana, Teh. Baori, Dist. Jodhpur (Raj.).

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Smt. Kamala D/o Chuna Ram, Aged About 25 Years, B/c Jat, R/o Godaro Ki Dhani Tejnagar, Jatavaas Lohawat, Dist. Jodhpur, At Present R/o Godaro Ki Dhaniya, Village Anawana, Teh. Baori, Dist. Jodhpur (Raj.).

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----Petitioners

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Versus

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

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Inspector General Of Police, Jodhpur Range, Jodhpur.

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Superintendent Of Police, Jodhpur Rural (Raj.). 4. Station House Officer, P.s. Khedapa, Dist. Jodhpur Rural (Raj.).

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Prema Ram S/o Gordhanram, Godaro Ki Dhani Tejnagar, Jatavaas Lohawat, Dist. Jodhpur (Raj.).

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Chuna Ram S/o Kesaram, Bhambhuo Ki Dhani Aau, Dist. Jodhpur (Raj.).

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----Respondents

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For Petitioner(s) : Mr. SK Dadhich For Respondent(s) : Mr. Arun Kumar, PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Order

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03/09/2021

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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

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(2 of 2)

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[CRLMP-4628/2021]

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directions to the official respondents to provide adequate security and protection to the petitioners on the ground that they are facing grave threat of life and liberty at the hands of their relatives.

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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 Khedapa, District Jodhpur Rural alongwith appropriate representation regarding their grievance. The Station House Officer, Police Station Khedapa, District Jodhpur Rural shall in turn hear grievance of the petitioners, and after analyzing the threat perceptions shall 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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Stay petition also stands disposed of.

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(DR.PUSHPENDRA SINGH BHATI),J.

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206-nirmala/-

Kailash Choudhary v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kailash Choudhary v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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