Disposed

Meena Sain W/O Kanhaiya Lal Sain, v. State of Rajasthan

Rajasthan HC8 Oct 2024CRLW/1158/2024

Case brief

AI extract

What is this about?

This Single Bench Criminal Writ petition was disposed of. The Court accepted the petitioner's submissions regarding illegal custody and threats, issued notices, and directed the Superintendent of Police, Kota, to reconsider the representations within two weeks and call the petitioner for appearance.

What did the court decide?

Consideration of petitioner's representation by Superintendent of Police within two weeks and a personal appearance summoned on 14.11.2024.

Meena Sain W/O Kanhaiya Lal Sain, Vs State of… — Criminal Trial and Appeal | Rajasthan HC (2024)

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[2024:RJ-JP:42284]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Writ Petition No. 1158/2024

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Meena Sain W/o Kanhaiya Lal Sain

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Shruti Sain D/o Kanhaiya Lal Sain

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Kanhaiya Lal Sain S/o Late Shri Ramlal Sain

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Ankit Sain S/o Kanhaiya Lal Sain All R/o Gali Opp. Chauth Mata Ka Mandir, Near Hanuman Mandir, Sarrafa, Brijrajpura, P.S. Makbara, Kota.

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----Petitioners

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Versus

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

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Director General Of Police, Rajasthan, Police Head Quarter, Lalkothi, Jaipur.

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Superintendent Of Police, Kota.

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SHO, Police Station Makbara, Kota.

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Tikam Chand, Constable Belt No. 1321, At Present Working At Police Station Makbara, Kota.

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Mukesh, Constable Belt No. 1450, At Present Working At Police Station Makbara, Kota.

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Irfan, Constable, At Present Working At Police Station Makbara, Kota.

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Prakash, Constable, At Present Working At Police Station Makbara, Kota.

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Yaswant, Constable, At Present Working At Police Station Makbara, Kota.

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Javed, Constable, At Present Working At Police Station Makbara, Kota.

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Vasudev, Sub- Inspector, C.I. At Present Working At Police Station Makbara, Kota.

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Garima Jindal, Police Circle Officer, (C.O), Circle Office Jaipur Goldan, Gulabbadi, Kota.

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Rajesh Soni, Police Circle Officer, (C.O) Circle Office Jaipur Goldan, Gulabbadi, Kota.

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----Respondents

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[CRLW-1158/2024]

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[2024:RJ-JP:42284]	(2 of 3) [CRLW-1158/20
For Petitioner(s)	: Mr. Poonam Chand Sharma
For Respondent(s)	: Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Rishi Raj Singh Rathore, PP Mr. Manvendra Singh Shekhawat, PP with Ms. Amrita Duhan, SP Kota City Mr. Pankaj Gupta with Mr. Naman Yadav for respondent No.2

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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08/10/2024

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Learned counsel for the petitioner has submitted that the petitioner is a bonafide businessman. It is further submitted that on 22.08.2023, a person named ‘Saklen’ demanded a ransom of Rs. 5 lacs from the petitioner, aggrieved of which an FIR No. 109/2023 was lodged on 22.08.2023 at Police Station Makbara (Kota) for offence under Sections 384, 386, 504, 506 of IPC by the petitioner. Consequentially, the petitioner was taken in illegal custody on 29.04.2024, in the disguise of an inquiry.

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Further, it is submitted that certain police officials are a threat to the petitioners’ safety, security and protection. Additionally, it is submitted that some of the respondents (including certain police officials) are hand-in-glove with certain gunda/ racketeer elements/persons and are giving the petitioner regular threats and coercing him qua certain criminal proceedings. Moreover, even the representations filed by the petitioner are not considered by the respondents in the requisite manner.

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Considering the vital facts of the instant matter, notices were issued. Thereafter, in pursuance to same factual report was filed.

[2024:RJ-JP:42284]

[CRLW-1158/2024]

(3 of 3)

Additionally, Superintendent of Police, Kota has marked her presence and has submitted that the instant investigation is already assigned to an Officer, equivalent to the rank of Additional Superintendent of Police. It is further informed that the petitioner no. 2 has circulated her photographs on social media and public at large, along with arms and objectionable items, qua which an investigation is carried out by the Police Officers. Superintendent of Police has also appraised the Court with the fact that there is a criminal antecedent registered against the petitioner no. 3 for offence under section 420 of IPC at Police Station, Sikar.

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Considering disputed questions of facts and submissions of Superintendent of Police, this Court deems it apposite to dispose of the instant petition, with a direction that the representation of the petitioner be considered by the Superintendent of Police, Kota. The petitioner in person or via advocate is directed to appear before concerned Superintendent of Police on 14.11.2024 at 11.00 AM, in the office of Superintendent of Police.

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Superintendent of Police is directed to consider the grievances of the petitioner, strictly in accordance with law, within an upper limit of fortnight, and pass the requisite orders.

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It is made clear that the Superintendent of Police is directed to consider the said matter, being unaffected from any observation made herein.

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Accordingly, the present petition is disposed of. Pending applications, if any, shall stand disposed of.

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(SAMEER JAIN),J

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DEEPAK/s-147

Meena Sain W/O Kanhaiya Lal Sain, v. State of Rajasthan

Case brief

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Meena Sain W/O Kanhaiya Lal Sain, v. State of Rajasthan

Case brief

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