Rajasthan High Court - Jodhpur
Manish Mangal Sankhla vs State Of Rajasthan (2024:Rj-Jd:18670) on 29 April, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:18670]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 861/2024
1. Manish Mangal Sankhla S/o Shri Prakash Sankhla, Aged
About 26 Years, B/c Sankhla, R/o Railway Station Salawas
Jodhpur Rajasthan.
2. Jaya Hamer Salvi W/o Shri Manish Mangal Sankhla, Aged
About 20 Years, D/o Shri Hamer Kanji Salvi, B/c Salvi, R/
o Room No.3, Pyarelal Mistri Chincholi Bander Road,
Mumbai Malad West. Maharashtra.
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Home Affairs, Govt. Of Rajasthan, Jaipur.
2. The Commissioner Of Police, Jodhpur Metropolitan .
3. The Commissioner Of Police, Mumbai West Maharashtra.
4. Sho, Police Station Boronada District Jodhpur (Rajasthan)
5. Sho, Police Station Malad, Mumbai West Maharashtra.
6. Hamer Kanji S/o Shri Kanji Salvi, B/c Salvi, R/o Room
No.3, Pyarelal Mistri, Chincholi Bander Road, Mumbai
Malad West, Maharashtra.
----Respondents
For Petitioner(s) : Mr. Firoz Khan
Mr. Sohail Khan Sherani
For Respondent(s) : Mr. Abhishek Purohit, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order 29/04/2024
1. The petitioners have preferred this Writ Petition under under Article 226 & 227 of the Constitution Of India 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 respondent No.6.
2. Learned counsel for the petitioners submits that Article 21 of the Constitution of India provides for right to life, limb and (Downloaded on 29/04/2024 at 08:40:13 PM) [2024:RJ-JD:18670] (2 of 2) [CRLW-861/2024] personal liberty under the ambit of fundamental rights and any threat to the same amounts to violation of the same. Being the citizens of independent India, the petitioners have right to reside with honour and dignity. Therefore, they have sought the protection from the hands of private respondents and they also sought direction to respondents to provide them protection.
3. 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 is of the considered view that the petitioners have every right to seek the protection of their life, limb and liberty; and therefore persuade to dispose of the present petition with the direction to the petitioners to appear before the concerned Superintendent of Police along with appropriate representation regarding their grievance. The concerned Superintendent of Police 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.
4. It is made clear that any observation in this order shall not affect any criminal and civil proceedings initiated against the petitioners.
5. Accordingly, the instant Writ Petition is disposed of.
(FARJAND ALI),J 7-divya/-
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