Rajasthan High Court - Jaipur
Sunnati D/O Kursheed vs State Of Rajasthan on 31 January, 2022
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 969/2022
1. Sunnati D/o Kursheed, Aged About 21 Years, R/o Vill.
Firozpur Namak, Tehsil And District Nuh (Haryana) At
Present R/o Vill. Khedi, Police Station Choupanki District
Alwar, Rajasthan.
2. Salim S/o Kmruddin, R/o Vill. Khedi, Police Station
Choupanki District Alwar, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Home Affairs, And Justice, Secretariat Rajasthan, Jaipur.
2. Superintendent Of Police, Bhiwadi.
3. The Station House Officer, Police Station Choupanki,
Police District Bhiwadi, Dist. Alwar Rajasthan.
4. Sahil S/o Kallu, Resident Of Vill. Malab, District Nuh,
Haryana
5. Aazad S/o Kursheed, R/o Vill. Firozpur Namak, District
Nuh, Haryana.
6. Arshad S/o Kursheed, R/o Vill. Firozpur Namak, District
Nuh, Haryana.
7. Jameel @ Jammi S/o Daroga, R/o Vill. Firozpur Namak,
District Nuh, Haryana.
8. Irshad S/o Jannu, R/o Vill. Firozpur Namak, District Nuh,
Haryana.
----Respondents
For Petitioner(s) : Mr. Aslam S. Khan through VC For Respondent(s) : Mr. F.R. Meena, PP HON'BLE MR. JUSTICE FARJAND ALI Order 31/01/2022 The petitioners have preferred this petition under Section 482 Cr.P.C. for issuance of necessary directions to the official (Downloaded on 05/02/2022 at 08:58:00 PM) (2 of 2) [CRLMP-969/2022] 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 Nos. 4 to 8.
Learned counsel for the petitioners submits that Article 21 of the Constitution of India provides for right to life, limb and 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.
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 disposes of the present petition with the direction to the petitioners to appear before the Superintendent of Police, Bhiwadi 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.
It is made clear that any observation in this order shall not affect any criminal and civil proceedings initiated against the petitioners.
Stay application also stands disposed of.
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