Disposed

Smt. Kavita Kumari Meena Daughter of Shri Kalu Lal Meena, Wife of Shri Manish Kumar Sharma, v. State of Rajasthan

Rajasthan HC6 Jan 2025CRLW/2154/2024

Case brief

AI extract

What is this about?

A married couple sought police protection claiming threats to life and liberty from family members. The court noted their pending representations and directed officers to assess threat perception in terms of earlier directions and provide protection if needed.

What did the court decide?

Directions to concerned police officers to analyse threat perceptions and provide adequate security and protection if necessitated.

Smt. Kavita Kumari Meena Daughter of… — Constitutional and Fundamental Rights | Rajasthan HC (2025)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Writ Petition No. 2154/2024

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Smt. Kavita Kumari Meena Daughter Of Shri Kalu Lal Meena, Wife Of Shri Manish Kumar Sharma, Aged About 24 Years, Resident Of Ward No. 09, Maiza, Tehsil Keshorai Patan, District Bundi (Raj.)

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Manish Kumar Sharma Son Of Shri Ram Murari Sharma, Aged About 28 Years, Resident Of Kodija, District Bundi.

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----Petitioners

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Versus

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State Of Rajasthan, Through P.p.

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The Director General Of Police, Police Head Quarter, Lal Kothi, Jaipur (Raj.)

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Superintendent Of Police, Bundi (Raj.)

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S.H.O. Police Station Raithal, District Bundi (Raj.)

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Kalu Lal Meena Son Of Late Shri Jay Lal, Resident Of Ward No. 09, Maiza, Tehsil Keshorai Patan, District Bundi (Raj.)

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Bhuli Bai Wife Of Shri Kalu Lal Meena, Resident Of Ward No. 09, Maiza, Tehsil Keshorai Patan, District Bundi (Raj.)

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Ishwar Son Of Shri Kalu Lal Meena, Resident Of Ward No. 09, Maiza, Tehsil Keshorai Patan, District Bundi (Raj.)

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Vijay Son Of Shri Kalu Lal Meena, Resident Of Ward No. 09, Maiza, Tehsil Keshorai Patan, District Bundi (Raj.)

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Vishnu Son Of Shri Panna Lal, Resident Of Ward No. 09, Maiza, Tehsil Keshorai Patan, District Bundi (Raj.)

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Vimla Wife Of Shri Vishnu, Resident Of Ward No. 09, Maiza, Tehsil Keshorai Patan, District Bundi (Raj.)

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Anita Wife Of Shri Jodhraj, Resident Of Ward No. 09, Maiza, Tehsil Keshorai Patan, District Bundi (Raj.)

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Rammurari Sharma Son Of Shri Mooli Lal Ji,

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(2 of 4) [CRLW-2154/2024]

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Resident Of Village Koiya, Post Maija, Tehsil Keshorai Patan, District Bundi (Raj.)

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Hari Narayan Son Of Shri Mooli Lal Ji, Resident Of Village Koiya, Post Maija, Tehsil Keshorai Patan, District Bundi (Raj.)

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----Respondents

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For Petitioner(s) : Ms. Gulista For Respondent(s) : Mr. Vivek Choudhary, PP

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JUSTICE ANOOP KUMAR DHAND Order

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06/01/2025

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Defect(s) pointed out by the Office stands waived.

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The petitoners have preferred this petition for issuance of necessary directions to the official-respondents to provide adequate security and protection to them on the ground that they are facing grave threat to their life and liberty at the hands of private respondent(s).

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Learned counsel for the petitioners submits that Article 21 of the Constitution of India provides for right to life and personal liberty under the ambit of fundamental rights and any threat to the same amounts to violation of the same.

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Counsel for the petitioners submits that prior to approaching this Court the petitioners have already submitted representations before the concerned Station House Officer and the Nodal Officer pursuant to the orders passed by the Co-ordinate Bench of this Court in the case of

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Suman Meena vs. State of Rajasthan (S.B. Criminal

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[CRLW-2154/2024]

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(3 of 4)

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Writ Petition No.792/2024). Counsel submits that appropriate directions be issued in favour of the petitioners. 5. It is well settled legal position as expounded by the Hon'ble Supreme Court in the cases of Lata Singh Vs. State of UP, reported in AIR 2006 SC 2522, S. Khushboo Vs. Kanniammal, reported in (2010) 5 SCC 600, Indra Sarma Vs. VKV Sarma reported in (2013) 15 SCC 755 and Shafin Jahan Vs. Asokan KM reported in (2018) 16 SCC 368 that the life and personal liberty of the individuals has to be protected except according to procedure established by law, as mandated by Article 21 of the Constitution of India. Further, as per Section 29 of the Rajasthan Police Act, 2007 every police officer is duty bound to protect the life and liberty of the citizens.

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Considering the arguments put forward by the learned counsel for the petitioners and looking to the fact that the petitioners have already submitted appropriate representation/application seeking protection before the Nodal Officer as well as concerned Station House Officer, it is expected from the officers concerned to look into the matter in terms of the directions issued by this Court in the case of Suman Meena (supra) and ensure that 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 proceeding initiated against the petitioners.

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[CRLW-2154/2024]

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(4 of 4)

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With the aforesaid observations, the instant criminal writ petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of.

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(ANOOP KUMAR DHAND),J

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KuD/448

Smt. Kavita Kumari Meena Daughter of Shri Kalu Lal Meena, Wife of Shri Manish Kumar Sharma, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Smt. Kavita Kumari Meena Daughter of Shri Kalu Lal Meena, Wife of Shri Manish Kumar Sharma, v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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