Rajasthan High Court
Chitrank Sharma S/O Shri ... vs State Of Rajasthan on 15 June, 2022
Bench: Sudesh Bansal (V.J.)
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Petition No. 5423/2022
Chitrank Sharma S/o Shri Dharmendra Sharma, aged about 32
years, R/o 6MB-89, Indira Gandhi Nagar, Near Khatipura Station,
Jagatpura, Jaipur
----Petitioner
Versus
1. State of Rajasthan through Public Prosecutor.
2. The Director General of Police, Rajasthan, Jaipur.
3. The Commissioner of Police, Police Commissionerate, Govt.
Hostel, M.I. Road, Jaipur.
4. The Deputy Commissioner of Police, Jaipur (East)
5. The Station House Officer, Police Station Kho-Nagoriyan,
District Jaipur (Raj.)
----Respondents
For Petitioner(s) : Mr. Bhuwnesh Sharma
For Respondent(s) : Mr. Atul Sharma, PP
HON'BLE MR. JUSTICE SUDESH BANSAL (V.J.)
Order
15/06/2022
1. The instant misc. petition has been filed by petitioner
seeking protection of his life and liberty guaranteed by virtue of
Section 21 of the Constitution of India.
2. Counsel for petitioner submits that petitioner is a lawyer and
on 14.06.2022, in the mid night at about 1-1:30 AM few persons
came in white colour renault Tribber Car and threw stones at his
house, due to which glass of car and room of first floor of his
house were damaged. The incident is recorded in CCTV Camera
installed at the house of petitioner. Counsel for petitioner further
submits that petitioner received a threat call on his Mobile
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No.9772222521 from another mobile No.+9414111111 from a
person named Mridul. The person claimed himself to be confined
in Barrack No.6 of jail and gave a threat of killing the petitioner
and disclosed that the incident in the night of 14.06.2022 was
committed on his instructions.
3. Counsel for petitioner further submits that the petitioner
does not have any animosity with any person, however, in
aforesaid facts and circumstances, a serious and immediate threat
to his life and liberty has occurred. Petitioner lodged FIR
No.340/2022 on 14.06.2022 at Police Station Kho-Nagoriyan
which has been registered for offences under Section 427, 336
and 384 of IPC. However, respondents have not taken any
effective steps to protect life and liberty of petitioner and his
family members. Hence, in such circumstances, the petitioner is
constrained to file this petition.
4. It is well settled legal position as expounded by the Hon'ble
Supreme Court in umpteen number of judgments that the life and
personal liberty of an individual has to be protected 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.
5. Having heard counsel for petitioner and on perusal of
material available on record as also the proposition of law, this
Court finds that prima facie, petitioner and his family members
have received threats to life and liberty and without protection, it
is difficult for petitioner to live peaceful life at his home.
6. In such peculiar facts and circumstances, this Court deems it
just and proper to direct to respondents to grant protection to
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petitioner and his family members and to make all necessary
arrangements to provide adequate security and protection to
petitioner and his family members.
7. In addition, respondents would also ensure to extend the
necessary protection by deploying the police personnel at
petitioner's house and also instruct PCR to have regular visit so
that petitioner and his family members may be protected.
8. It is made clear that any observation in this order shall not
affect any criminal and civil proceedings initiated in relation to the
issue arose in the present petition.
9. The instant criminal misc. petition stands disposed of.
10. Stay application also stands disposed of.
11. Learned Public Prosecutor is directed to serve a copy of this
order immediately to the Commissioner of Police, Jaipur.
(SUDESH BANSAL) (V.J.)
NITIN /C-1
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