Disposed

Munni Begam W/O Najir Kha, v. State of Rajasthan

Rajasthan HC7 Sept 2021CRLMP/5447/2021

Case brief

AI extract

What is this about?

The High Court disposed of a petition under Section 482 Cr.P.C. filed for protection of life and liberty alleging threats in a civil dispute. The court directed the petitioner to send the petition to the SHO for police action and safety measures, without validating the allegations.

What did the court decide?

Petition disposed with direction to send copy to SHO to treat it as a complaint and ensure safety of petitioners.

Munni Begam W/O Najir Kha, Vs State of… — Civil Procedure and Limitation | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 5447/2021

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Munni Begam W/o Najir Kha, Aged About 60 Years, R/o Dhannatalai, District Tonk, Rajasthan.

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Naim Nagouri S/o Najir Kha, Aged About 25 Years, R/o Dhannatalai, District Tonk, Rajasthan.

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Nasir S/o Najir Kha, Aged About 20 Years, R/o Dhannatalai, District Tonk, Rajasthan.

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----Petitioners

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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Superintendent Of Police, District Tonk .

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Station House Officer, Police Station Sadar, Tonk, District Tonk.

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Abdul Salam S/o Abdul Salim, R/o Sarkari Asptal Ke Pass, Gangapur City At Present Sadar Tonk, District Tonk.

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----Respondents

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For Petitioner(s) : Mr. Pradeep Sharma For Respondent(s) : Mr. Ganesh Saini, P.P.

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HON'BLE MR. JUSTICE SATISH KUMAR SHARMA Order

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07/09/2021

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

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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 petitioners submits that there is a civil dispute between the petitioner and private respondent No.4. He is regularly threatening them. Given that their life and liberty is in danger, police protection may be granted to them.

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Learned Public Prosecutor submits that appropriate directions

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(2 of 2)

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[CRLMP-5447/2021]

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may be issued. 5. 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. 6. 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.

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Therefore, in light of the above legal position and having regard to the above submission but without expressing any opinion on the genuineness or correctness of the allegations made by the petitioner, 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 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 investigation of the 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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HARSHIT PAREEK /42

Munni Begam W/O Najir Kha, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Munni Begam W/O Najir Kha, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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