Disposed

Pista v. State of Rajasthan

Rajasthan HC5 Feb 2024CRLW/243/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of this writ petition filed for protection against private actors. The Court directed petitioners to approach the Superintendent of Police to examine threats and decide on security measures, without adjudicating the grievance itself.

What did the court decide?

Directed petitioners to appear before SP, Jodhpur for grievance; SP to analyze threat and pass security orders if necessary.

Pista Vs State of Rajasthan — Constitutional and Fundamental Rights | Rajasthan HC (2024)

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[2024:RJ-JD:5838]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Writ Petition No. 243/2024

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Pista D/o Ramuram, Aged About 29 Years, R/o Meghwalo Ka Bass Borunda Dist. Jodhpur At Present R/o Beru Tehsil And Dist. Jodhpur.

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Phusa Ram S/o Nmangala Ram, Aged About 34 Years, R/o Nevra Gaon Tehsil Osian Dist. Jodhpur.

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----Petitioners

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Versus

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

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The Superintendent Of Police, Jodhpur.

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The Station House Officer, P.s. Borunda Dist. Jodhpur. 4. Omprakash S/o Hukma Ram Gavariya, R/o Meghwalo Ka Bass Borunda Tehsil Pipar City Dist. Jodhpur.

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Chaganlal S/o Hukma Ram Gavariya, R/o Meghwalo Ka Bass Borunda Tehsil Pipar City Dist. Jodhpur.

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Ashok S/o Hukma Ram Gavariya, R/o Meghwalo Ka Bass Borunda Tehsil Pipar City Dist. Jodhpur.

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Budharam S/o Hukma Ram Gavariya, R/o Meghwalo Ka Bass Borunda Tehsil Pipar City Dist. Jodhpur.

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Hukma Ram S/o Jetharam Gavariya, R/o Meghwalo Ka Bass Borunda Tehsil Pipar City Dist. Jodhpur.

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Girdhariram S/o Shankarram Gavariya, R/o Meghwalo Ka Bass Borunda Tehsil Pipar City Dist. Jodhpur.

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----Respondents

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For Petitioner(s)	: Mr.	Achala Ram
For Respondent(s)	: Mr.	A.R. Choudhary,PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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05/02/2024

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The petitioners have preferred this Writ Petition under under Article 226 & 227 of the Constitution Of India for issuance of

[2024:RJ-JD:5838]

[CRLW-243/2024]

(2 of 3)

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.4 to 9.

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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 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 Superintendent of Police, Jodhpur along with appropriate representation regarding their grievance. The Superintendent 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.

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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.

(3 of 3)

[2024:RJ-JD:5838]

[CRLW-243/2024]

Accordingly, the instant Writ Petition stands disposed of.

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(FARJAND ALI),J

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877-Mamta/-

Pista v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Pista v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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