Disposed

Pooja Jonwal D/O Ramswaroop Jonwal v. State of Rajasthan

Rajasthan HC11 Aug 2021CRLW/1372/2021

Case brief

AI extract

What is this about?

This single-judge order under Article 226 granted police protection to a petitioner widow and her minor son facing threats. The court directed the SHO to treat the petition as a complaint and ensure safety without evaluating the allegations' genuineness.

What did the court decide?

Directing the Section Officer of the concerned Police Station to treat the petition as a complaint and take preventive measures to ensure safety of petitioners after due enquiry.

Pooja Jonwal D/O Ramswaroop Jonwal Vs… — Pension and Retirement Benefits | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Writ Petition No. 1372/2021

¶3

Pooja Jonwal D/o Ramswaroop Jonwal, Aged About 30 Years, Resident Of Village Chand Sen, Ward No. 24, Tehsil Malpura, District Tonk (Raj)

¶4

Jignesh S/o Vinod Bairwa, Aged About 6 Years, Being Minor Represented By Mother Petitioner No. 1 Pooja Jonwal D/o Ramswaroop Jonwal Resident Of Village Chand Sen Ward No. 24, Tehsil Malpura, District Tonk (Raj)

¶5

----Petitioners

¶6

Versus

¶7

State Of Rajasthan, Through P.P

¶8

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

¶9

Superintendent Of Police, District Tonk, (Raj)

¶10

SHO, Police Station Malpura, Tonk (Raj)

¶11

Manoj Kumar Saini S/o Kailash Chand Saini, Aged About 40 Years, Resident Of Jaipur Road, Malpura, Tehsil Malpura, District Tonk (Raj)

¶12

----Respondents

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For Petitioner(s) : Mr. Deepak Khandelwal For Respondent(s) : Mr. Ganesh Saini, AGC

¶14

HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

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Order

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11/08/2021

¶17

This Petition has been filed under Section 226 of the Constitution of India for protection of life and personal liberty of the petitioners.

¶18

Heard learned counsel for both the sides and perused the material made available on record.

¶19

(2 of 3)

¶20

[CRLW-1372/2021]

¶21

Learned counsel for the petitioners submits that petitioner No.1 is a widow lady and petitioner No.2 is her minor son. Respondent No. 5, in past was having live in relationship with the petitioner No.1 but now he is threatening the petitioner. Given that their life and liberty is in danger, police protection may be granted to them.

¶22

Learned Public Prosecutor submits that appropriate directions may be issued.

¶23

In view of the order intended to be passed in the petition, being non-prejudicial to the private respondent, no notice is required against him.

¶24

Heard. Considered.

¶25

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.

¶26

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 petitioners, this petition is disposed of with the direction that learned counsel for the petitioners 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 petitioners in accordance with law.

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(3 of 3)

¶28

[CRLW-1372/2021]

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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.

¶30

(SATISH KUMAR SHARMA),J

¶31

FAHEEM AHMAD /9

Pooja Jonwal D/O Ramswaroop Jonwal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Pooja Jonwal D/O Ramswaroop Jonwal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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