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2025 DAILYLAW 22615 (RAJ)

CHAITAN MAHAVAR v. STATE OF RAJASTHAN AND ORS

CRLMP/3769/2015 · 2025-01-21

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:3006] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.3769/2015 Chaitan Mahavar Son Of Dhanraj Mahavar, R/o Anta Kawaspura Mohalla, P.s. Anta District Baran At Present House No.777, Balaji Nagar, P.S. Mahaveer Nagar, Kota City. ----Petitioner Versus 1. State Of Rajasthan Through P.p. 2. Station House Officer, P.S. Mahaveer Nagar Kota City. 3. Station House Officer, P.S. Anta District Baran. 4. Superintendent Of Police, Kota City. 5. Superintendent Of Police, Baran. 6. Vishnu Thakuria Son Of Late Sh. Rameshwar Dayal, R/o Dhakuria Ji Ka Chowk, Ward No.8, Tehsil Anta District Baran. 7. Dhanraj Son Of Sh. Badri Lal, R/o 777, Balaji Nagar, P.s. Mahaveer Nagar, Kota City. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr.Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 21/01/2025 1. The petitoner has preferred this petition for issuance of necessary directions to the official-respondents to provide adequate security and protection to him on the ground that he is facing grave threat to his life and liberty at the hands of private respondent(s). 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. [2025:RJ-JP:3006] (2 of 3) [CRLMP-3769/2015] 3. It appears that prior to approaching this Court the petitioner has already submitted representations before the concerned Station House Officer and the Nodal Officer pursuant to the orders passed by the Co-ordinate Bench of this Court in the case of Suman Meena vs. State of Rajasthan (S.B. Criminal Writ Petition No.792/2024). 4. 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 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. 5. Looking to the fact that the petitioner has already submitted appropriate representation/application seeking protection before the Nodal Officer as well as concerned Station House Officer, 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, if necessitated, may pass necessary orders to provide adequate security and protection to the petitioners. 6. It is made clear that any observation in this order shall not affect any criminal and civil proceeding initiated against the petitioner. [2025:RJ-JP:3006] (3 of 3) [CRLMP-3769/2015] 7. With the aforesaid observations, the instant criminal writ petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma/291