Citation : 2021 Latest Caselaw 10890 Raj
Judgement Date : 15 July, 2021
(1 of 2) [CRLMP-3467/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3467/2021
1. Ramesh Kumar S/o Shankar Lal, Aged About 31 Years,
Village Post Chainpura, Teh. Ratangarh, Dist. Churu,
Rajasthan.
2. Geeta Ben D/o Shukar Dalu, Aged About 33 Years,
Kumarward Chikli, Rumla Nawasari, Dist. Nawsari, Gujrat.
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary, Dept. Of Home
Affairs, Govt. Of Rajasthan, Jaipur.
2. The Superintendent Of Police, Churu.
3. Birbal Raam S/o Sukha Ram, Chainpura Gogasar, Teh.
Ratangarh, Dist. Churu, Rajasthan.
4. Manful S/o Birbal Ram, Aged About 35 Years, Chainpura
Gogasar, Teh. Ratangarh, Dist. Churu, Rajasthan.
5. Partap S/o Birbal Ram, Chainpura Gogasar, Teh.
Ratangarh, Dist. Churu, Rajasthan.
----Respondents
For Petitioner(s) : Mr.Jagdish Vishnoi.
For Respondent(s) : Mr.Mahipal Bishnoi, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment
15/07/2021
1. In wake of second surge in the COVID-19 cases,
abundant caution is being maintained, while hearing the matters
in Court, for the safety of all concerned.
2. Learned counsel for the petitioners submits that
inadvertently, the name of the father of respondent no.3 has
wrongly been mentioned as Surta Ram whereas it should have
been Sukha Ram.
3. In view of the above, learned counsel for the petitioner
is permitted to correct the name of father of the respondent no.3
in the cause title by hand.
(Downloaded on 16/07/2021 at 08:59:45 PM)
(2 of 2) [CRLMP-3467/2021]
4. The petitioners have preferred this criminal misc.
petition under Section 482 Cr.P.C. 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.
5. 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.
6. After hearing learned counsel for the parties as well as
perusing the record of the case, this Court disposes of the present
petition with the direction to the petitioners to appear before the
Superintendent Of Police, Churu alongwith appropriate
representation regarding their grievance. The Superintendent Of
Police, Churu 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.
7. It is made clear that any observation in this order shall
not affect any criminal and civil proceedings initiated against the
petitioners.
8. Stay petition also stands disposed of.
(DR. PUSHPENDRA SINGH BHATI),J.
112-/Jitender//-
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