Disposed

Poonam v. State of Rajasthan

Rajasthan HC9 Jan 2024CRLW/43/2024

Case brief

AI extract

What is this about?

The petitioners sought writ directions for security due to threats from private respondents. The Court, relying on Article 21, disposed of the petition by directing the petitioners to approach the Superintendent of Police with a representation for necessary security orders.

What did the court decide?

Direction to Superintendent of Police to hear petitioners' representation and provide security if necessitated.

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

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[2024:RJ-JD:1323]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Writ Petition No. 43/2024

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Poonam D/o Purkah Ram, Aged About 30 Years, B/c Kalbi Choudhary R/o Kaga Ka Bass, Doli District Jodhpur, At Present Araba Uda, District Barmer At Present District Balotra

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Sharvan Ram Patel S/o Shri Shera Ram, Aged About 32 Years, By Caste Kalbi Choudhary R/o Araba Uda, District Barmer At Present District Balotra

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----Petitioners

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Versus

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State Of Rajasthan, Through The Secretary, Department Of Home Afffairs, Govt Of Rajasthan, Jaipur (Raj)

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Commissoner Of Police, Jodhpur

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Sho Of Jawar, Police Station Jodhpur

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Supeintendent Of Police, Balotra 5. Sho Of Police Station, Kalyanpur District Balotra

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Mohan Ram S/o Shri Kupa Ram, Aged About 32 Years, B/ c Kalbi Choudhary R/o Kaga Ka Bass, Doli District Jodhpur

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Mukesh Ram S/o Shri Kupa Ram, Aged About 28 Years, B/ c Kalbi Choudhary R/o Kaga Ka Bass, Doli District Jodhpur

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Prema Ram @ Shohan Ram S/o Shri Kupa Ram, Aged About 25 Years, B/c Kalbi Choudhary R/o Kaga Ka Bass, Doli District Jodhpur

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Smt Kamala Devi W/o Shri Kupa Ram, Aged About 60 Years, B/c Kalbi Choudhary R/o Kaga Ka Bass, Doli District Jodhpur

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Sua D/o Shri Kupa Ram, Aged About 33 Years, B/c Kalbi Choudhary R/o Kaga Ka Bass, Doli District Jodhpur

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----Respondents

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For Petitioner(s) : Mr. Y.R. Gharu For Respondent(s) : Mr. Abhishek Purohit, AGA

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HON'BLE MR. JUSTICE FARJAND ALI

Order

[2024:RJ-JD:1323]

[CRLW-43/2024]

(2 of 3)

09/01/2024

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 respondents No.06 to 10.

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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. 3. 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. 4. It is made clear that any observation in this order shall not

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(3 of 3) [CRLW-43/2024]

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[2024:RJ-JD:1323]

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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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674-Samvedana/-

Poonam v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Poonam v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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