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1912 DAILYLAW 1 (RAJ)

LAXMI MEENA W/O SH. SANJAY MEENA, D/O SH. SITARAM MEENA v. STATE OF RAJASTHAN

CRLMP/1912/2019 · 2026-07-28

Anoop Kumar Dhand

body1912

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1912/2019 CNR: RJHC020248502019 | URN: CRLMP / 3428U / 2019 1. Laxmi Meena W/o Sh. Sanjay Meena, D/o Sh. Sitaram Meena, Aged About 18 Years, R/o Village Sinodia, Khatwari Khurd, Sinodia, Jaipur, Rajasthan, At Present R/o Chatarpura, Palawala Jatan, Jaipur, Raj. 2. Sanjay Meena S/o Sh. Ramphool Meena, Aged About 22 Years, R/o Chatarpura, Palawala Jatan, Jaipur, Raj. ----Petitioners Versus 1. State Of Rajasthan, Through The Home Secretary, Govt. Of Rajasthan, Government Secretariat, Jaipur, Raj. 2. The Superintendent Of Police, District Jaipur, (Urban), Raj. 3. The Station House Officer, Police Station Tunga, District Jaipur, Raj. 4. Sitaram Meena, Aged About 55 Years, R/o Village Sinodia, Khatwari Khurd, Sinodia, Jaipur, Raj. ----Respondents For Petitioner(s) : Mr.Ankit Kumar, Mr.T.S. Parmar & Ms.Chhaya Sharma For Respondent(s) : Mr.Manvendra Singh Shekhawat, PP JUSTICE ANOOP KUMAR DHAND Order 28/07/2026 1. The petitoners have preferred the instant petition for issuance of necessary directions to the official-respondents to provide adequate security and protection to them on the ground that they are facing grave threat to their life and liberty at the hands of the private respondent No.4. (2 of 3) [CRLMP-1912/2019] 2. 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. 3. Contents of the instant petition indicates that both the petitioners are major and they have solemnized their marriage on 11.03.2019 and their marriage has been registered by the competent authority and a certificate in this regard has also been issued on 11.03.2019. It has been averred in the instant petition that the life and personal liberty of the petitioners are at stake at the hands of the private respondent. 4. The Co-ordinate Bench of this Court vide order dated 31.05.2019, while issuing notice to the respondent No.4, directed the SHO, Police Station Tunga, District Jaipur to ensure no harm is caused to the petitioner. 5. It is well settled legal position as expounded by the Hon'ble Supreme Court in the cases of Lata Singh Vs. State of UP, reported in AIR 2006 SC 2522, S. Khushboo Vs. Kanniammal, reported in (2010) 5 SCC 600, Indra Sarma Vs. VKV Sarma reported in (2013) 15 SCC 755 and Shafin Jahan Vs. Asokan KM reported in (2018) 16 SCC 368 and the order passed by this Court in the case of Suman Meena vs. State of Rajasthan (S.B. Criminal Writ Petition No.792/2024, decided on 02.08.2024) that the life and personal liberty of the individuals has to be protected, except according to procedure established by law, as mandated by Article 21 of the Constitution of India. Further, as per Section 29 of the Rajasthan Police Act, 2007 every police officer is duty bound to protect the life and liberty of the citizens. (3 of 3) [CRLMP-1912/2019] 6. The petitioners may submit a representation before the SHO of the concerned Police Station in relation to protecting their life and personal liberty, as enshrined under the Constitution of India. 7. Considering the above aspect of the matter and looking to the fact that the protection of life and liberty has been ordered to be provided to the petitioners by the Co-ordinate Bench of this Court vide order dated 31.05.2019, it is expected from the officers concerned to look into the matter in terms of the directions issued by this Court in the case of Suman Meena (supra) and ensure that after analyzing the threat perceptions received by the petitioners and after taking into account the representation so submitted by the petitioners, if any, the Officers concerned may pass necessary orders to provide adequate security and protection to the petitioners. If protection has already been provided to the petitioners and the same is still continuing, then the SHO may further consider as to whether the said police protection is still required or not. 8. It is made clear that any observation made in this order shall not affect any criminal and civil proceeding initiated against the petitioners. 9. With the aforesaid observations, the instant criminal misc. petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma/100