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2025 DAILYLAW 34673 (RAJ)

HARSHITA DUBEY W/O PRAMOD KUMAR SHARMA D/O KAILASH DEEN DUBEY v. STATE OF RAJASHTAN

CRLW/2212/2024 · 2025-01-06

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:691] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 2212/2024 1. Harshita Dubey W/o Pramod Kumar Sharma D/o Kailash Deen Dubey, Aged About 22 Years, Resident Of G-1, Housing Board, Jaipur, Presently Resident of Bandh Bareth, Mahmadpura, Post Rudawal, District Bharatpur (Raj.) Aadhar No. 7791-7045-2511 2. Pramod Kumar Sharma Son of Shyam Babu, Aged About 26 Years, Resident of Bandh Bareth, Mahmadpura, Post Rudawal, District Bharatpur (Raj.) Aadhar No.6819-2957- 7133 ----Petitioners Versus 1. State of Rajashtan, Through Principal Secretary, Department of Home Affairs, Government of Rajasthan, Secretariat, Jaipur. 2. The Superintendent of Police, Bharatpur. 3. The Nodal Officer, Office of Superintendent of Police, Bharatpur. 4. SHO Police Station Rudawal, District Bharatpur. 5. Kailash Deen Dubey Son of Jagannath Prasad Dubey, Resident of G-1, JVVNL Power House, Housing Board, Shastri Nagar, Jaipur (Raj.) 6. Sonu Sharma Son of Mahesh Sharma, Resident of G-1, Jvvnl Power House, Housing Board, Shastri Nagar, Jaipur (Raj.) 7. Bholu Sharma Son of Gore Lal Sharma, Resident of G-1, Jvvnl Power House, Housing Board, Shastri Nagar, Jaipur (Raj.) ----Respondents For Petitioner(s) : Mr. Himanshu Singh Chauhan For Respondent(s) : Mr. Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND Order [2025:RJ-JP:691] (2 of 3) [CRLW-2212/2024] 06/01/2025 1. Defect(s) pointed out by the Office stands waived. 2. 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 grave threat to their life and liberty at the hands of private respondent(s). 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. Counsel for the petitioners submits 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). Counsel submits that appropriate directions be issued in favour of the petitioners. 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 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 [2025:RJ-JP:691] (3 of 3) [CRLW-2212/2024] of the Rajasthan Police Act, 2007 every police officer is duty bound to protect the life and liberty of the citizens. 6. Considering the arguments put forward by the learned counsel for the petitioners and 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 analyzing the threat perceptions, if necessitated, may pass necessary orders to provide adequate security and protection to the petitioners. 7. It is made clear that any observation in this order shall not affect any criminal and civil proceeding initiated against the petitioners. 8. With the aforesaid observations, the instant criminal writ petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J GARIMA /452