Rajasthan High Court - Jaipur
Jarina W/O Shri Abdul Ajij vs State Of Rajasthan on 17 September, 2021
Author: Satish Kumar Sharma
Bench: Satish Kumar Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 1472/2021
1. Jarina W/o Shri Abdul Ajij, Aged About 55 Years, R/o130
Naya Kheda Krishna Colony Vidyadhar Nagar Ps
Vidyadhar Nagar Jaipur Raj.
2. Abid Khan S/o Shri Abdul Ajij, Aged About 32 Years,
R/o130 Naya Kheda Krishna Colony Vidyadhar Nagar Ps
Vidyadhar Nagar Jaipur Raj.
3. Jasmin W/o Shri Abid Khan, Aged About 28 Years, R/o130
Naya Kheda Krishna Colony Vidyadhar Nagar Ps
Vidyadhar Nagar Jaipur Raj.
----Petitioners
Versus
1. State Of Rajasthan, Through PP
2. Director General Of Police, P.h.q. Lalkothi Jaipur Raj.
3. Commissioner Of Police, Jaipur Raj.
4. Additional Commisioner Of Police, Jaipur North Jaipur Raj.
5. S.h.o., Ps Vidyadhar Nagar Jaipur Raj.
6. Superintendent Of Police, Sikar Dist. Sikar Raj.
7. S.h.o., Ps Kotwali Sikar Dist. Sikar Raj.
8. S.h.o., Ps Fatehpur Sadar Dist. Sikar Raj.
9. Shakil S/o Shri Bashir Khan, R/o Talawaton Ki Gali Near
Meenakshi Cinema Sikar Ps Kotwali Sikar Dist. Sikar Raj.
10. Insaaf S/o Shri Bashir Khan, R/o Raja Park Near Muslim
Musafir Khana Ps Adarsh Nagar Jaipur Raj.
11. Anwar S/o Shri Bashir Khan, R/o Talawaton Ki Gali Near
Meenakshi Cinema Sikar Ps Kotwali Sikar Dist. Sikar Raj.
12. Jameel S/o Shri Bashir Khan, R/o Talawaton Ki Gali Near
Meenakshi Cinema Sikar Ps Kotwali Sikar Dist. Sikar Raj.
13. Jameel S/o Shri Goru Khan, R/o Khatikan Ki Pyau
Jagmalpura Road Sikar Dist. Sikar Raj.
14. Azan @ Lalu S/o Shri Abid Khan, R/o Opposite Shastri
Nagar Kabristan Ps Shastri Nagar Jaipur Raj.
----Respondents
For Petitioner(s) : Mr. Rahmat Ali
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(2 of 3) [CRLW-1472/2021]
For Respondent(s) : Mr. Ganesh Saini, AGC
HON'BLE MR. JUSTICE SATISH KUMAR SHARMA Order 17/09/2021
1. This Petition has been filed under Section 482 Cr.P.C. for protection of life and personal liberty of the petitioners.
2. Heard learned counsel for both the sides and perused the material made available on record.
3. Learned counsel for the petitioners submits that Rashid Khan is younger son of Jarina, petitioner No. 1 and younger brother of Abid Khan, petitioner No. 2 who married with Hana, daughter of Shakil, private respondent No. 9. Hana and Rashid Khan both filed SB CRLMP No. 5193/2021 seeking protection from the family members of Hana wherein they were granted protection but all private respondents who are the family members of Hana are regularly threatening the present petitioners who are the mother, brother and brother's wife of Rashid Khan. Given that their life and liberty is in danger, police protection may be granted to them.
4. Learned Assistant Government Counsel submits that appropriate directionsmay be issued.
5. In view of the order intended to be passed in the petition, being non-prejudicial to the private respondents, no notices are required against them.
6. Heard. Considered.
7. Article 21 of the Constitution of India guarantees fundamental right to every person for protection of his life and personal liberty except according to procedure established by law. (Downloaded on 17/09/2021 at 09:44:51 PM)
(3 of 3) [CRLW-1472/2021] Further, as per Section 29 of Rajasthan Police Act, 2007 every police officer is duty bound to protect the life and liberty of the citizens.
8. Therefore, in light of the above legal position and having regard to the above submission but without expressing any opinion on the genuineness or correctness of the allegations made by the petitioners, this petition is disposed of with the direction that learned counsel for the petitioners shall send a copy of the petition along with its annexures to the Station House Officer of concerned Police Station through e-mail, and on receipt of the same, the Station House Officer concerned shall treat this petition as complaint and after due enquiry he shall take necessary preventive measures and other steps to ensure safety and security of the petitioners in accordance with law.
9. However, as a precautionary note, it is made clear that this order shall not come in the way of investigation of the civil/criminal case, if any, and such case would take its own course as per law.
(SATISH KUMAR SHARMA),J SAHIL SONI /18 (Downloaded on 17/09/2021 at 09:44:51 PM) Powered by TCPDF (www.tcpdf.org)