Dismissed

Jyoti Bairwa v. State

Rajasthan HC15 Nov 2022CRLMP/874/2022

Case brief

AI extract

What is this about?

On a petition under Section 482 Cr.P.C. seeking protection, the court dismissed immediate direction for security, directing petitioners to approach the Commissioner of Police, Jodhpur, with representation, while noting that observations would not affect ongoing criminal proceedings.

What did the court decide?

Direction to petitioners to appear before Commissioner of Police, Jodhpur with representation for grievance hearing.

Jyoti Bairwa Vs State — Constitutional and Fundamental Rights | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Misc(Pet.) No. 874/2022

¶3

Jyoti Bairwa D/o Mansh Bairwa, Aged About 23 Years, B/c Bairwa, R/o Shyopur, Nayagaon (Dhopur), Shyopur (M.p.) At Present Reside At Near Jodhpur Dairy, Iti Circle, Jodhpur (Raj.).

¶4

Pelvan S/o Mahaveer Jatav, Aged About 23 Years, Prempura Baroda Saroda, Shyopur (M.p.) At Present Reside At Near Jodhpur Dairy, Iti Circle, Jodhpur (Raj.).

¶5

----Petitioners

¶6

Versus

¶7

State, Through Chief Secretary, Ministry Of Home Affairs, Jaipur, Rajasthan.

¶8

The Commissioner Of Police, Jodhpur (Raj.).

¶9

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

¶10

Station House Officer, P.s. Basani, Dist. Jodhpur (Raj.). 5. Hari Om Bairwa S/o Sh. Devi Ram, Village Nayagaon (Dhopur), Dist. Shyopur (M.p.).

¶11

		----Respondents
For Petitioner(s)	:	Mr. Jaipal Choudhary
For Respondent(s)	:	Mr. S.K. Bhati,PP

¶12

HON'BLE MR. JUSTICE FARJAND ALI

¶13

Order

¶14

15/11/2022

¶15

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 petitioners on the ground that they are facing grave threat of life and liberty at the hands of private respondents Nos.7 to 23.

¶16

(2 of 2)

¶17

[CRLMP-874/2022]

¶18

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 the same. Being the citizens of independent India, the petitioners have right to reside with honour and dignity. Therefore, they have sought the protection from the hands of private respondents and they also sought direction to respondents to provide them protection.

¶19

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 persuade to disposes of the present petition with the direction to the petitioners to appear before the Commissioner of Police, Jodhpur along with appropriate representation regarding their grievance. The Commissioner of Police, 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.

¶20

It is made clear that any observation in this order shall not affect any criminal and civil proceedings initiated against the petitioners.

¶21

(FARJAND ALI),J

¶22

95-Mamta/-

Jyoti Bairwa v. State

Case brief

What is this about?

What did the court decide?

Jyoti Bairwa v. State

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

Coram

Case details

Similar cases

Hanuwant Singh Vs State of Rajasthan

Dhapu Vishnoi Vs State of Rajasthan

Nena Ram Vs State of Rajasthan

Kamal Singh Vs State of Rajasthan

Devi Singh Khediya Vs State of Rajasthan

Hanuman Jakhar Vs State of Rajasthan