Partly allowed

Nirma Patel v. State of Rajasthan

Rajasthan HC9 Feb 2021CRLMP/844/2021

Case brief

AI extract

What is this about?

This criminal miscellaneous petition under Section 482 Cr.P.C. sought protection and security for petitioners alleging threats to their life and liberty. The single judge dismissed the petition by directing petitioners to approach the local station house officer with their grievances to assess the need for security, clarifying this order would not affect pending proceedings.

What did the court decide?

Direction to petitioners to approach the Station House Officer, Police Station Luni, with representation regarding their grievance for assessment of security needs.

Nirma Patel Vs State of Rajasthan — Civil Procedure and Limitation | 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. 844/2021

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Smt. Nirma Patel W/o Kumbha Ram D/o Shri Pemaram, Aged About 19 Years, By Caste Patel, R/o 62, Kagon Ki Dhaniyan, Lolasani, Tehsil Luni, District Jodhpur (Raj.).

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Kumbha Ram S/o Shri Bhura Ram, Aged About 32 Years, By Caste Kalabi, R/o 34, Patelon Ka Bas, Village Dhundhara, Tehsil Luni, District Jodhpur (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 Commissioner Of Police, Jodhpur (Raj.).

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The Deputy Commissioner Of Police, Jodhpur West, Jodhpur (Raj.).

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Station House Officer, Police Station Luni, District Jodhpur (Raj.).

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Pemaram S/o Shri Girdhari Ram, Aged About 46 Years, By Caste Patel, R/o 62, Kagon Ki Dhaniyan, Lolasani, Tehsil Luni, District Jodhpur (Raj.).

¶12

Surender Patel S/o Shri Pemaram, Aged About 25 Years, By Caste Patel, R/o 62, Kagon Ki Dhaniyan, Lolasani, Tehsil Luni, District Jodhpur (Raj.).

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----Respondents

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For Petitioner(s) : Mr. Balaram Choudhary For Respondent(s) : Mr. Mukesh Trivedi, PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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09/02/2021

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In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

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The petitioners have preferred this criminal misc. petition under Section 482 Cr.P.C. for issuance of necessary directions to

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(2 of 2) [CRLMP-844/2021]

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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 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 Luni, District Jodhpur alongwith appropriate representation regarding their grievance. The Station House Officer, Police Station Luni, District Jodhpur 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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Stay petition also stands disposed of.

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(DR.PUSHPENDRA SINGH BHATI),J.

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116-Zeeshan

Nirma Patel v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Nirma Patel v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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