Disposed

Pooja Kumari v. State of Rajasthan

Rajasthan HC9 Feb 2021CRLMP/926/2021

Case brief

AI extract

What is this about?

This order dismisses a criminal miscellaneous petition under Section 482 CrPC seeking protection based on threats to the petitioners' lives. The Court directed the petitioners to seek grievance redressal from the local Station House Officer, who must analyze threats before ordering security. The order states that such directions do not affect pending criminal proceedings against the petitioners.

What did the court decide?

Directing petitioners to approach the SHO with representations for security assessment; no immediate security order issued; assertions of non-interference with pending cases and disposal of stay petit

Pooja Kumari Vs State of Rajasthan — Writ and Judicial Review | 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. 926/2021

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Pooja Kumari D/o Shri Shanti Lal W/o Shri Sandeep Kumar, Aged About 19 Years, By Caste Kumhar, R/o Village Madri, Teh. Ahore, Dist. Jalore.

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Sandeep Kumar S/o Shri Jayanti Lal, Aged About 21 Years, By Caste Kumhar, R/o Village Guda Balotan, Tehsil Ahore, Dist. Jalore.

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----Petitioners Versus

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State Of Rajasthan, Through The Secretary, Department Of Home Affairs, Government Of Rajasthan, Secretariat, Jaipur.

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The Superintendent Of Police, Jalore.

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The S.h.o. Police Station Ahore, Dist. Jalore.

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Shanti Lal S/o Shri Bhooraji, By Caste Kumhar, R/o Village Madri, Teh. Ahore, Dist. Jalore.

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Mukesh S/o Shri Shanti Lal, By Caste Kumhar, R/o Village Madri, Teh. Ahore, Dist. Jalore.

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Kheta Ram S/o Shri Bhairaji, By Caste Kumhar, R/o Village Charli, Teh. Ahore, Dist. Jalore.

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----Respondents

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For Petitioner(s) : Mr. Tej Singh Badgujar For Respondent(s) : Mr. Farzand Ali, GA cum AAG, a/w Mr. SS Rajpurohit, 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

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(2 of 2)

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[CRLMP-926/2021]

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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 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 Ahore, District Jalore alongwith appropriate representation regarding their grievance. The Station House Officer, Police Station Ahore, District Jalore 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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191-Sudheer/-

Pooja Kumari v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Pooja Kumari v. State of Rajasthan

Case brief

What is this about?

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