Dismissed

Chandani Soni v. State of Rajasthan

Rajasthan HC23 Sept 2021CRLMP/5085/2021

Case brief

AI extract

What is this about?

Single judge High Court disposed of a Criminal Misc (Petition) seeking protection. The court directed Respondents not to arrest the petitioners from a specific FIR without issuing a 15-day prior notice and directed maintenance of protection.

What did the court decide?

Directed Respondents not to take coercive action or arrest petitioners from FIR No.388/2021 without giving a 15-day notice.

Chandani Soni Vs State of Rajasthan — Constitutional and Fundamental Rights | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 5085/2021

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Chandani Soni D/o Dayaram Soni, Aged About 19 Years, 176, Vedon Ka Bass, Ward No. 8, Phalodi, Dist. Jodhpur.

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Shivam Vyas S/o Mahendra Vyas, Aged About 19 Years, Shyam Kripa Market, In Front Of Nagar Palika, Phalodi, Nagaur Road, Dist. Jodhpur.

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp

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The Superintendent Of Police Rural, Jodhpur.

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Sho, P.s. Phalodi, Jodhpur.

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Mahendra Vyas S/o Shyam Lal Vyas, Shyam Kripa Markit, In Front Of Nagar Palika, Phalodi, Nagaur Road, Dist. Jodhpur.

¶11

Daya Ram Soni S/o Mool Chand Soni, 176, Vedon Ka Bass, Ward No. 8, Phalodi, Dist. Jodhpur.

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Leeladhar Soni S/o Mool Chand Soni, 176, Vedon Ka Bass, Ward No. 8, Phalodi, Dist. Jodhpur.

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Manoj Kumar Soni S/o Mool Chand Soni, 176, Vedon Ka Bass, Ward No. 8, Phalodi, Dist. Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. Sagar Changani Mr. Triok Singh For Respondent(s) : Mr. Gaurav Singh, PP Mr. Pritam Solanki

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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23/09/2021

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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.

¶20

On 17.09.2021, this Court had passed the following order :

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(2 of 3)

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[CRLMP-5085/2021]

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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 and father with aunty (Chachi) of the petitioner No.1 shall appear before the office of Superintendent of Police, Jodhpur Rural on 20.09.2021 at 10:00 am. The Superintendent of Police, Jodhpur Rural shall ensure that the free will of the petitioners, who are both major, is allowed to operate. The Superintendent of Police, Jodhpur Rural shall also enable the father and aunty (Chachi) of petitioner No.1 to meet her in his presence for some time.

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It is made clear that except for father and aunty (Chachi) on this side and except for petitioners from other side, nobody else shall be permitted to come to the office of Superintendent of Police, Jodhpur Rural for the purpose.

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The factual report from the office of Superintendent of Police, Jodhpur Rural shall be submitted to the learned Public Prosecutor before the next date.

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List the matter on 23.09.2021."

¶28

The factual report produced by the learned Public Prosecutor indicates that necessary compliance was made by the Superintendent of Police, Jodhpur Rural and the petitioner no.1 enabled to meet her father. The petitioners have wanted to live together and same was deposed before the Superintendent of Police, Jodhpur Rural.

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The factual report is taken on record.

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The present petition for protection is disposed of while directing that no coercive action shall be taken against the present petitioners in connection with FIR No.388/2021 lodged at Police Station Phalodi, District Jodhpur Rural without giving them a

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(3 of 3)

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[CRLMP-5085/2021]

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notice of 15 days, before making such arrest. It is directed to the respondents to maintain all necessary protection as per their assessment.

¶34

Stay petition also stands disposed of accordingly.

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(DR.PUSHPENDRA SINGH BHATI),J.

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55-Sudheer/-

Chandani Soni v. State of Rajasthan

Case brief

What is this about?

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Chandani Soni v. State of Rajasthan

Case brief

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