Disposed

Kiran v. State of Rajasthan

Rajasthan HC21 Feb 2024CRLW/387/2024

Case brief

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What is this about?

The Bengaluru High Court disposed of a criminal writ petition filed by petitioners fearing grave threat to life from a private respondent. The Court held that while petitioners have a right to seek protection, it should be disposed of by directing them to approach the Superintendent of Police with representations regarding their grievance, who will then analyze and provide necessary security. The

What did the court decide?

Direction to petitioners to appear before concerned Superintendent of Police with appropriate representation regarding their grievance; SP to analyze threat perceptions and pass necessary orders for p

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

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[2024:RJ-JD:9042]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Writ Petition No. 387/2024

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Kiran W/o Shri Umesh, Aged About 21 Years, R/o Kerawas, Teh Ahore, Dist Jalore.

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Umesh S/o Shri Khiyaram, Aged About 31 Years, R/o Village Riniya, Teh Tinwari, Dist Jodhpur.

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----Petitioners

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Versus

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State Of Rajasthan, Through PP

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The Superintendent Of Police, Jalore.

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The Station House Officer, Ps Ahore, Dist Jalore. 4. Kanti Lal S/o Shri Pema Ram, R/o Kerawas, Teh Ahore, Dist Jalore.

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----Respondents

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For Petitioner(s) : Mr. Dinesh Kumar For Respondent(s) : Mr. AR Choudhary, PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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21/02/2024

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The petitioners have preferred this Criminal Writ Petition under under Article 226 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.4.

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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

[2024:RJ-JD:9042]

[CRLW-387/2024]

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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 Criminal Writ Petition stands disposed of.

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(FARJAND ALI),J

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7-minki/-

Kiran v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kiran v. State of Rajasthan

Case brief

What is this about?

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