Disposed

Monika Kumawat D/O Late Sh. Prabhat Kumawat, W/O Pradeep Kumar v. State of Rajasthan

Rajasthan HC13 Dec 2022CRLW/927/2022

Case brief

AI extract

What is this about?

High Court of Rajasthan disposed of a writ petition where petitioners sought security against threats from private individuals. The Court directed petitioners to approach the Superintendent of Police, Sikar, for security assessment rather than issuing direct protection orders.

What did the court decide?

Directing petitioners to appear before Superintendent of Police, Sikar, along with representation; police to hear grievances and provide security if necessitated.

Monika Kumawat D/O Late Sh. Prabhat… — Constitutional and Fundamental Rights | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Writ Petition No. 927/2022

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Monika Kumawat D/o Late Sh. Prabhat Kumawat, W/o Pradeep Kumar, Aged About 22 Years, R/o Daulatpra, Katrathal, Sikar District Sikar (Raj.) At Present Ward No. 13, Dasa Ki Dhani Sikar District Sikar (Raj.) Aadhar Card No. 8519 0179 9752

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Pradeep Kumar S/o Sh. Rameshwar Lal, Aged About 26 Years, R/o Ward No. 13, Dasa Ki Dhani Sikar District Sikar (Raj.)

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Aadhar Card No. 4635 9173 5389

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----Petitioners

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Versus

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

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Director General Of Police, Police Head Quarter, Lal Kothi, Jaipur.

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Superintendent Of Police, Sikar (Raj.)

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The Station House Officer Police Station, Dadiya District Nagaur (Rajasthan).

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Rakesh S/o Late Sh. Prabhat Kumawat, R/o Daulatpra, Katrathal, Police Station Dadiya, Sikar District Sikar (Raj.)

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Mukesh S/o Late Sh. Prabhat Kumawat, R/o Daulatpra, Katrathal, Police Station Dadiya, Sikar District Sikar (Raj.)

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Narendra S/o Late Sh. Prabhat Kumawat, R/o Daulatpra, Katrathal, Police Station Dadiya, Sikar District Sikar (Raj.) ----Respondents

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For Petitioner(s) : Mr. Mohd. Zubeir For Respondent(s) : Mr. Shyam Prakash Sharma-PP

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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13/12/2022

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The petitioners have preferred this petition for issuance of necessary directions to the official-respondents to provide

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(2 of 3)

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[CRLW-927/2022]

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adequate security and protection to them on the ground that they are facing grave threat of their life and liberty at the hands of private respondents No. 5 to 7.

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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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It is well settled legal position as expounded by the Hon'ble Supreme Court in the cases of Lata Singh Vs. State of UP, reported in AIR 2006 SC 2522, S. Khushboo Vs. Kanniammal, reported in (2010) 5 SCC 600, Indra Sarma Vs. VKV Sarma reported in (2013) 15 SCC 755 and Shafin Jahan Vs. Asokan KM reported in (2018) 16 SCC 368 that the life and personal liberty of the individuals has to be protected except according to procedure established by law, as mandated by Article 21 of the Constitution of India. Further, as per Section 29 of the Rajasthan Police Act, 2007 every police officer is duty bound to protect the life and liberty of the citizens.

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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 disposes of the present petition with the direction to the petitioners to appear before the Superintendent of Police, Sikar, Rajasthan along with appropriate representation regarding their grievance. The concerned Superintendent of Police 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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(3 of 3) [CRLW-927/2022]

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It is made clear that any observation in this order shall not

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affect any criminal and civil proceeding initiated against the petitioners.

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The instant criminal misc. petition stands disposed of.

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Stay application also stands disposed of.

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(ANOOP KUMAR DHAND),J