Rani vs State Of Rajasthan
2022 Latest Caselaw 1384 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 506/2022

1. Rani D/o Shri Rajendra Goswami, Aged About 19 Years, by caste Goswami, R/o Ambedkar Colony, Barmer (Raj.) at present reside at Bhillo Ka Bas, Katrala, Barmer, Rajasthan.

2. Prince Kumar S/o Shri Laxman Kumar, Aged About 20, R/o Bhilo Ka Bas, Katrla, District Barmer, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, through Chief Secretary, Ministry Of Home Affairs, Jaipur Rajasthan.

2. The Superintendent Of Police, Barmer (Raj.).

3. Station House Officer, Police Station Dhorimanna, District Barmer (Raj.).

4. Station House Officer, Police Station Kotwali, District Barmer (Raj.).

5. Rajendra Goswami S/o Shri Bhimgiri, by caste Goswami, R/o Ambedkar Colony, Barmer (Raj.).

6. Chandra Devi W/o Rajendra Goswami, by caste Goswami, R/o Ambedkar Colony, Barmer (Raj.).

7. Narayan Kumar S/o Shri Vakta Ram, R/o Bhilo Ka Bas, Katrla, Barmer (Raj.).

8. Hema Ram S/o Shri Aaidan Ram, R/o Netratra Chouhtan, District Barmer (Raj.).

----Respondents

For Petitioner(s) : Mr. Akash Goyal (through VC) For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE FARJAND ALI Judgment / Order

28/01/2022

The petitioners have preferred this petition 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.

(2 of 2)

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 rights.

As per the mandate of Article 21 of the Constitution of India,

no person shall be deprived of his right to life and liberty except

the procedure established by law, it is therefore, the duty of the

State authorities to ensure that dehors the procedure established

by law, this fundamental right may not be violated or infringed in

any manner.

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 disposes of the

present petition with the direction to the petitioners to appear

before the Superintendent of Police, Barmer along with

appropriate representation regarding their grievance. The

Superintendent of Police, Barmer 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.

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

affect any criminal and civil proceedings initiated against the

petitioners.

Stay petition also stands disposed of.

(FARJAND ALI),J

C-Arun/-

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