Disposed

Sonal Baheti v. State of Rajasthan

Rajasthan HC15 Dec 2023CRLW/2121/2023

Case brief

AI extract

What is this about?

This High Court order disposed of a Writ Petition filed by petitioners apprehending threats to their life by private respondents. The court directed the petitioners to appear before the Superintendent of Police to seek adequate security and protection based on their grievance.

What did the court decide?

Direction to appear before Superintendent of Police to seek security and protection based on grievance.

Sonal Baheti Vs State of Rajasthan — Constitutional and Fundamental Rights | Rajasthan HC (2023)

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[2023:RJ-JD:44104]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Writ Petition No. 2121/2023

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Sonal Baheti W/o Amit Rathi D/o Kailash Baheti, Aged About 22 Years, R/o Plot No. 94, Gali No. 5, Milkmain Colony, Pal Road, Jodhpur,raj. At Present Reside At 351 Kurdo Ka Bas, Doli, Dist. Jodhpur,raj.

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Amit Rathi S/o Balu Ram, Aged About 30 Years, R/o 351, Kurdo Ka Bas, Doll, Dist. Jodhpur,raj.

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----Petitioners

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Versus

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

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The Commissioner Of Police, Jodhpur,raj.

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

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Station House Officer, P.s. Jhawar, Dist. Jodhpur,raj.

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Station House Officer, P.s. Shastri Nagar, Dist. Jodhpur,raj. 6. Kailash Baheti S/o Late Shri Lal Chand, R/o Plot No. 94, Gali No. 5, Milkmain Colony, Pal Road, Jodhpur,raj.

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Tarun Baheti S/o Kailash Baheti, R/o Plot No. 94, Gali No. 5, Milkmain Colony, Pal Road, Jodhpur,raj.

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----Respondents

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For Petitioner(s)	: Mr. Akash Goyal
For Respondent(s)	: Mr. Abhishek Purohit,AGA

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HON'BLE MR. JUSTICE FARJAND ALI

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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 Nos.6 & 7.

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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

[2023:RJ-JD:44104]

[CRLW-2121/2023]

(2 of 2)

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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627-arjun/-

Sonal Baheti v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sonal Baheti v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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