Disposed

Pankhi v. State of Rajsthan

Rajasthan HC4 Mar 2021CW/3603/2021

Case brief

AI extract

What is this about?

Petitioners invoked writ jurisdiction under Article 226 alleging a grave threat to their life and liberty. The High Court directed petitioners to approach the local Station House Officer with representations regarding the grievance. The SHO was directed to analyze the threat and pass necessary orders for security if necessitated.

What did the court decide?

Direct petitioners to appear before the SHO with representation; directed SHO to analyze threat perceptions and pass orders for security if necessitated.

Pankhi Vs State of Rajsthan — Constitutional and Fundamental Rights | Rajasthan HC (2021)

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(1 of 2)

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[CW-3603/2021]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 3603/2021

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Pankhi D/o Premaram Kumbhar (Prajapati) W/o Shrawan Kumar Kumbhar, Aged About 19 Years, R/o Village Vasan Chouhan Tehsil Sanchore, District Jalore At Present Kumbhar Vas, Village Jadara, Post Luvana, Tehsil Tharad, District Banaskantha.

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Sharvan Kumar S/o Mafaji Kumbhar, Aged About 24 Years, R/o Kumbhar Vas, Village Jadara, Post Luvana, Tehsil Tharad, District Banaskantha.

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----Petitioners

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Versus

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State Of Rajsthan, Through Secretary, Department Of Home Affairs, Govt. Of Rajasthan, Jaipur.

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The Superintendent Of Police, Jalore.

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The S.H.O., Police Station, Sanchore, District Jalore.

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----Respondents

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For Petitioner(s) : Mr. Jogender Singh

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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04/03/2021

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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 writ petition under under Article 226 of the Constitution of India for issuance of necessary 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.

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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

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(2 of 2)

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[CW-3603/2021]

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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 Sanchore, District Jalore alongwith appropriate representation regarding their grievance. The Station House Officer, Police Station Sanchore, 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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166-Zeeshan

Pankhi v. State of Rajsthan

Case brief

What is this about?

What did the court decide?

Pankhi v. State of Rajsthan

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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