Rajasthan High Court - Jaipur
Sharma Meenakshi Gopalbhai D/O Shri ... vs State Of Rajasthan on 3 June, 2022
Author: Anoop Kumar Dhand
Bench: Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5021/2022
1. Sharma Meenakshi Gopalbhai D/o Shri Gopalbhai, Aged
About 32 Years, R/o 141, Ankur Raw House, New India
Colony, Nikol Ahmedabad City, Ahmedabad-382350.
Presently Reside At Behind Of Stadium Vivek Vehar
Colony, Nearby Shiva Public School Karoli, District Karoli
(Raj.) And Also Reside At The Petitioner No. 2 Vyas
Mohalla, Dausa (Rajashthan)-303303
2. Neeraj Kumar Sharma S/o Shri Jagdish Prasad Sharma,
Aged About 40 Years, R/o Vyas Mohalla, Dausa
(Rajashthan)-303303 Presently Reside At Behind Of
Stadium Vivek Vehar Colony, Nearby Shiva Public School
Karoli, District Karoli (Raj.) And Also Reside At The
Petitioner No. 2 Vyas Mohalla, Dausa (Rajashthan)-
303303
----Petitioners
Versus
1. State Of Rajasthan, Through PP.
2. Superintendent of Police, District Karoli, Rajasthan.
3. Superintendent of Police, District Dausa, Rajasthan.
4. SHO Police Station Kotwali, Tehsil Karoli District Karoli,
Rajasthan
5. SHO Police Station Kotwali, District Dausa, Rajasthan
6. Anukriti Sharma @ Sheru W/o Neeraj Kumar Sharma D/o
Late Shri Hanuman Tiwari, R/o- Behind Rewri Vale Balaji
Ka Mandir, Khari Khoti, Dausa District-Dausa (Raj.)
7. Sarvershi Sharma W/o Late Shri Hanuman Tiwari, R/o-
Behind Rewri Vale Balaji Ka Mandir, Khari Khoti, Dausa
District-Dausa (Raj.)
8. Akhilesh Sharma S/o Late Shri Hanuman Tiwari, R/o-
Behind Rewri Vale Balaji Ka Mandir, Khari Khoti, Dausa
District-Dausa (Raj.)
9. Maya Devi W/o Shri Akhilesh Sharma, R/o- Behind Rewri
Vale Balaji Ka Mandir, Khari Khoti, Dausa District-Dausa
(Raj.)
----Respondents
(Downloaded on 24/12/2022 at 11:30:33 PM)
(2 of 3) [CRLMP-5021/2022] For Petitioner(s) : Mr. Kapil Prakash Mathur For Respondent(s) : Mr. Atul Sharma, PP
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND ( V.J.) Order 03/06/2022 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 of their life and liberty at the hands of private respondents No. 6 to 9.
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.
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.
After hearing learned counsel for the parties as well as perusing the record of the case, since the petitioners apprehend threat to their (Downloaded on 24/12/2022 at 11:30:33 PM) (3 of 3) [CRLMP-5021/2022] 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, Karauli, Rajashtan as well as before the Superintendent of Police, Dausa, Rajasthan along with appropriate representation regarding their grievance. The concerned Superintendent of Police shall in turn hear the grivance 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 proceeding initiated against the petitioners.
The instant criminal misc. petition stands disposed of. Stay application also stands disposed of.
(ANOOP KUMAR DHAND),V.J. Ritu/8 (Downloaded on 24/12/2022 at 11:30:33 PM) Powered by TCPDF (www.tcpdf.org)