Disposed

Muskan Bano v. State of Rajasthan

Rajasthan HC15 Dec 2023CRLW/2117/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of a writ petition seeking security directions for petitioners facing threats from a private individual. The Court directed petitioners to approach the concerned Superintendent of Police with representations for security assessment.

What did the court decide?

Petitioners directed to appear before Superintendent of Police with representation regarding grievance for security assessment.

Muskan Bano Vs State of Rajasthan — Constitutional and Fundamental Rights | Rajasthan HC (2023)

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[2023:RJ-JD:44042]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Writ Petition No. 2117/2023

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Muskan Bano D/o Mohammad Idrish, Aged About 19 Years, B/c Caste Musalman, R/o Ram Rahim Colony, Pali, Dist. Pali.

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Salam Mohammad S/o Abdul Vakil Silawat, Aged About 26 Years, B/c Musalman, R/o Silawaton Ka Bas, Near Masjid, Khangata, Jodhpur.

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----Petitioners

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Versus

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State Of Rajasthan, Through Secretary, Department Of Home, Government Of Rajasthan, Jaipur.

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The Superintendent Of Police, Jodhpur Rural

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The Superintendent Of Police, Pali.

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The Station House Officer, P.s. Pipar City, Dist. Jodhpur. 5. The Station House Officer, P.s. Kotwali, Dist. Pali.

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Mohammad Idarish S/o Taj Mohammad, R/o Ram Rahim Colony, Pali, Dist. Pali.

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----Respondents

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For Petitioner(s)	: Mr.	Awar Dan Ujjwal
For Respondent(s)	: Mr.	A.R. Choudhary,PP

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HON'BLE MR. JUSTICE FARJAND ALI Order

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15/12/2023

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The petitioners have preferred this Writ Petition under under Article 226 & 227 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 at the hands of private respondent No.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

[2023:RJ-JD:44042]

[CRLW-2117/2023]

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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.

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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 persuade to dispose of the present petition with the direction to the petitioners to appear before the concerned Superintendent of Police 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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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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Accordingly, the instant Writ Petition as well as the stay petition stand disposed of.

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(FARJAND ALI),J

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614-Ashutosh/-

Muskan Bano v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Muskan Bano v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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