Rajasthan High Court - Jaipur
Muskan D/O Late Chanchal Kumar vs State Of Rajasthan on 7 February, 2022
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1471/2022
1. Muskan D/o Late Chanchal Kumar, Aged About 20 Years,
R/o Village Naharpur Kasan (111), Tehsil And District
Gurgaon, Haryana. (Presently Residing At R/o House
No.86, Bhagwan Ji Ke Pass, Village Bhagega, Neem Ka
Thana, Sikar)
2. Amit Tailor S/o Laxmi Narayan, Aged About 22 Years, R/o
House No.86, Bhagwan Ji Ke Pass, Village Bhagega, Neem
Ka Thana, Sikar. (Presently Residing At R/o House No.86,
Bhagwan Ji Ke Pass, Village Bhagega, Neem Ka Thana,
Sikar)
----Petitioners
Versus
1. State Of Rajasthan, Through Its P.p.
2. Director General Of Police, Phq, Jaipur.
3. Inspector General Of Police, Jaipur Range, Jaipur.
4. Superintendent Of Police, Distt. Sikar (Raj.).
5. Station House Officer, Police Station Sadar, District Sikar
(Raj.).
6. Station House Officer, Police Station Manesar, Gurugram
(Haryana).
7. Anil Kumar, R/o Village Bodas, Tehsil Behror, District
Alwar.
8. Usha Devi W/o Anil Kumar, R/o Village Bodas, Tehsil
Behror, District Alwar.
9. Sushma W/o Late Chanchal Kumar, R/o Village Naharpur
Kasan (111), Tehsil And District Gurgaon, Haryana.
10. Madhu W/o Sonu Kumar, R/o Village Naharpur Kasan
(111), Tehsil And District Gurgaon, Haryana.
11. Sonu Kumar S/o Mahendra, R/o Village Naharpur Kasan
(111), Tehsil And District Gurgaon, Haryana.
----Respondents
For Petitioner(s) : Mr. Majhar Hussain (through VC) For Respondent(s) : Mr. F.R. Meena, PP (Downloaded on 24/12/2022 at 12:14:47 PM) (2 of 3) [CRLMP-1471/2022] HON'BLE MR. JUSTICE FARJAND ALI Order 07/02/2022 The petitioners have preferred this petition under Section 482 Cr.P.C. 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 respondents No.7 to 11.
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 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. (Downloaded on 24/12/2022 at 12:14:47 PM)
(3 of 3) [CRLMP-1471/2022] It is made clear that any observation in this order shall not affect any criminal and civil proceedings initiated against the petitioners.
Stay petition also stands disposed of.
(FARJAND ALI),J CHARU/162 (Downloaded on 24/12/2022 at 12:14:47 PM) Powered by TCPDF (www.tcpdf.org)