SMT. SHUBHAM GURAJR DAUGHTER OF SHRI SARDAR MAL GURJAR, WIFE OF SHRI KRISHAN KUMAR GURJAR v. STATE OF RAJASTHAN
CRLMP/6258/2020 · 2025-01-02
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29168 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29168 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:225] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.6258/2020
1. Smt. Shubham Gurjar Daughter of Shri Sardar Mal Gurjar, Wife of Shri Krishan Kumar Gurjar, Aged About 23 Years, Resident Of Via Guhala, Narsinghpuri, Tehsil Neem Ka Thana, District Sikar (Raj.) At Present Resident Of Dhani Rajyoda, Village Rampura, Pota Pavta, Jaipur (Raj.)
2. Krishan Kumar Gurjar Son Of Shri Banshidhar Gurjar, Aged About 27 Years, Resident Of Dhani Rajyoda, Village Rampura, Pota Pavta, Jaipur (Raj.) ----Petitioners Versus
1. State of Rajasthan, Through P.P.
2. The Director General of Police, Jaipur, Raj. 3. Superintendent of Police, Sikar, District Sikar, Raj. 4. The Station House Officer, Police Station Guhala, Neem Ka Thana, District Sikar, Raj. 5. Sardar Mal Gurjar Son of Shri Narayan Prasad Gurjar, Resident of Via Guhala, Narsinghpuri, Tehsil Neem Ka Thana, District Sikar (Raj.)
6. Shiv Prasad Gurjar Son of Shri Narayan Prasad Gurjar, Resident of Via Guhala, Narsinghpuri, Tehsil Neem Ka Thana, District Sikar (Raj.) ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr.Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND Order 02/01/2025
1. The petitoners have preferred this 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
[2025:RJ-JP:225] (2 of 3) [CRLMP-6258/2020] grave threat to their 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. 3. It appears that prior to approaching this Court the petitioners have 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 petitioners have 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
[2025:RJ-JP:225] (3 of 3) [CRLMP-6258/2020] 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 petitioners. 7. With the aforesaid observations, the instant criminal misc. petition stands disposed of. Stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /339