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2025 DAILYLAW 35403 (RAJ)

KANISHKA PANDEY W/O PARAS GAUR v. STATE OF RAJASTHAN

CRLW/2282/2024 · 2025-01-09

Anoop Kumar Dhand

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:1408] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 2282/2024 1. Kanishka Pandey W/o Paras Gaur, Aged About 24 Years, Resident Of Jamuna Road, Tehseel Mahavan, Baldeo, Mathura, Ridha Baldeo ( Dehat), Mathura, Uttar Pradesh- 281301, At Present Tenant Plot No. B-20, First Floor, Krishna Nagar, Near Mahesh Nagar Phatak, Mahesh Nagar, Jaipur , Rajasthan-302015, Adhar No. 7879-2359- 6213. 2. Paras Gaur S/o Ravi Kumar Sharma, Aged About 27 Years, Resident Of E-10-A, Mahesh Nagar, Tonk Phatak, Lal Kothi, Jaipur, Rajasthan-302015, At Present Tenant Plot No. B-20, First Floor, Krishna Nagar, Near Mahesh Nagar Fatak, Mahesh Nagar, Jaipur, Rajasthan- 302015, Adhar No. 4965-3027-5971. ----Petitioners Versus 1. State Of Rajasthan, Through P.p., Rajasthan High Court Jaipur Bench Jaipur. 2. The Director General Of Police, Jaipur, Rajasthan. 3. Commissioner Of Police Jaipur, Rajasthan. 4. The Station House Officer, Police Station Mahesh Nagar, Jaipur, Rajasthan. 5. Lokesh Pandey S/o Raju Pandey, Aged About 28 Years, Resident Of Jamuna Road, Tehseel Mahavan, Baldeo, Mathura , Ridha Baldeo ( Dehat), Mathura, Uttar Pradesh- 281301. 6. Kapil Pandey S/o Virendra Pandey, Aged About 33 Years, Resident Of Jamuna Road, Tehseel Mahavan, Baldeo, Mathura , Ridha Baldeo ( Dehat), Mathura, Uttar Pradesh- 281301. 7. Prahlad Pandey S/o Ashok Pandey, Aged About 37 Years, Resident Of Jamuna Road, Tehseel Mahavan, Baldeo, Mathura , Ridha Baldeo ( Dehat), Mathura, Uttar Pradesh- 281301. 8. Laxminarayan Sharma S/o Shyam Sharma, Aged About 35 Years, Resident Of Jamuna Road, Tehseel Mahavan, Baldeo, Mathura , Ridha Baldeo ( Dehat), Mathura, Uttar [2025:RJ-JP:1408] (2 of 4) [CRLW-2282/2024] Pradesh- 281301. 9. Virendra Pandey S/o Shrinath Pandey, Aged About 67 Years, Resident Of Jamuna Road, Tehseel Mahavan, Baldeo, Mathura , Ridha Baldeo ( Dehat), Mathura, Uttar Pradesh- 281301. 10. Ashok Pandey Pandey S/o Shrinath Pandey, Aged About 71 Years, Resident Of Jamuna Road, Tehseel Mahavan, Baldeo, Mathura , Ridha Baldeo ( Dehat), Mathura, Uttar Pradesh- 281301. 11. Ravi Kumar Sharma S/o Suraj Bhan Sharma, Aged About 60 Years, Resident Of E-10-A, Mahesh Nagar, Tonk Phatak, Lal Kothi, Jaipur, Rajasthan -302015. 12. Rishbh Gaur S/o Ravi Sharma Ravi Kumar Sharma, Aged About 20 Years, Resident Of E-10-A, Mahesh Nagar, Tonk Phatak, Lal Kothi, Jaipur, Rajasthan -302015. ----Respondents For Petitioner(s) : Mr.Manoj Singh Chauhan For Respondent(s) : Mr.Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 09/01/2025 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. [2025:RJ-JP:1408] (3 of 4) [CRLW-2282/2024] 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 & Ors., reported in (2010) 5 SCC 600, Indra Sarma Vs. VKV Sarma reported in (2013) 15 SCC 755 & 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. 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 [2025:RJ-JP:1408] (4 of 4) [CRLW-2282/2024] 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 Aayush Sharma /459