Disposed

Divya Kumari v. State of Rajasthan

Rajasthan HC22 Nov 2022CRLMP/7937/2022

Case brief

AI extract

What is this about?

An HC bench allowed a section 482 Cr.P.C. petition filed by two individuals fearing threat to life and liberty from private respondents. The court directed the petitioners to approach the Superintendent of Police for security measures rather than issuing direct protection orders.

What did the court decide?

Directions to petitioners to appear before the Superintendent of Police, Sriganganagar for security arrangements. Any observation in the order shall not affect criminal proceedings.

Divya Kumari Vs State of Rajasthan — Constitutional and Fundamental Rights | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

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...

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S.B. Criminal Misc. (Pet.) No. 7937/2022

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Divya Kumari D/o Kailash Kumar, Aged About 22 Years, R/o Ramsinghpur Tehsil Anupgarh District Sriganganagar Rajasthan.

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Chander Shekhar Chugh S/o Shri Sunil Chugh, Aged About 28 Years, R/o Ramsinghpur Tehsil Anupgarh District Sriganganagar Rajasthan.

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----Petitioners Versus

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State Of Rajasthan, Through The Secretary Ministry Of Home Affairs Jaipur Raj.

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The Superintendent Of Police, Sriganganagar Through Govt. Advocate Raj. High Court Jodhpur Raj.

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S.H.O., PS Ramsinghpur District Srigananagar Raj. 4. Kailash Kumar S/o Shri Madhoram, R/o Ramsinghpur Tehsil Anupgarh Dist. Sriganganagar Raj.

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Dinesh Kumar S/o Shri Madhoram, R/o Ramsinghpur Tehsil Anupgarh Dist. Sriganganagar Raj.

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Vishu S/o Shri Kailash Kumar, R/o Ramsinghpur Tehsil Anupgarh Dist. Sriganganagar Raj.

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For Petitioner(s)	----Respondents : Ms. Tania Chugh on behalf of Mr. Himmat Jagga.
For Respondent(s)	: Mr. Mukhtiyar Khan,PP.

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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22/11/2022

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The petitioners have preferred this petition under Section 482 Cr.P.C. for issuance of necessary directions to the official respondents to provide adequate security and protection to the

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(2 of 2)

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[CRLMP-7937/2022]

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petitioners on the ground that they are facing grave threat of life and liberty at the hands of respondents No. 4 to 6.

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Learned counsel for the petitioners submits that Article 21 of the Constitution of India provides for right to life, limb and personal liberty under the ambit of fundamental rights and any threat to the same amounts to violation of rights guaranteed by the Constitution of India. Being the citizen of independent India, the petitioners have right to reside with honour and dignity, therefore, they have sought protection from the hands of private respondents and also sought directions to the official respondents to provide them adequate protection.

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After hearing learned counsel for the parties as well as perusing the record of the case, since the petitioners apprehend threat to their right of life and liberty, this Court is of the considered view that the petitioners have every right to seek the protection of their life, limb and liberty; and therefore, persuaded to dispose of the present petition with the direction to the petitioners to appear before the Superintendent of Police, Sriganganagar along with appropriate representation regarding their grievance. The Superintendent of Police, Sriganganagar 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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(FARJAND ALI),J

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113-Mohan/-

Divya Kumari v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Divya Kumari v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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