Rajasthan High Court - Jodhpur
Chail Kanwar vs State Of Rajasthan on 9 September, 2021
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4844/2021
1. Chail Kanwar D/o Shaitan Singh, Aged About 22 Years,
Resident Of 69, Purohito Ka Bas, Bagdiya, Pali, Rajasthan.
2. Moti Singh S/o Shri Bhanwar Singh, Aged About 34 Years,
Resident Of 195,rajpurohito Ka Bas, Giradara, Khalsan,
Pali, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Chief Secretary, Ministry Of
Home Affairs, Jaipur (Rajasthan).
2. The Superintendent Of Police, Pali.
3. The Station House Officer, Rohat, District Pali.
4. Shaitan Singh S/o Mohan Singh, Resident Of 69, Purohito
Ka Bas, Bagdiya, Pali, Rajasthan.
5. Dhapu Kanwar W/o Shaitan Singh, Resident Of 69,
Purohito Ka Bas, Bagdiya, Pali, Rajasthan.
6. Kalyan Singh S/o Mohan Singh, Resident Of 69, Purohito
Ka Bas, Bagdiya, Pali, Rajasthan.
7. Om Singh S/o Mohan Singh, Resident Of 69, Purohito Ka
Bas, Bagdiya, Pali, Rajasthan.
8. Chain Singh S/o Shri Mohan Singh, Resident Of 69,
Purohito Ka Bas, Bagdiya, Pali, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Praveen Bhati
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 09/09/2021
1. In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned. (Downloaded on 09/09/2021 at 09:12:29 PM)
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2. The petitioners have preferred this criminal misc. 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.
3. 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.
4. After hearing learned counsel for the parties as well as perusing the record of the case, this Court disposes of the present petition with the direction to the petitioners to appear before the Station House Officer, Police Station Rohat, District Pali alongwith appropriate representation regarding their grievance. The Station House Officer, Police Station Rohat, District Pali 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.
5. It is made clear that any observation in this order shall not affect any criminal and civil proceedings initiated against the petitioners.
(DR.PUSHPENDRA SINGH BHATI),J.
225-/Jitender//-
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