MS. REKHA SAINI W/O SHRI SUKH VEER D/O SHRI BRAJENDRA SAINI v. STATE OF RAJASTHAN
CRLW/73/2025 · 2025-01-21
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3586 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3586 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No.73/2025
1. Ms. Rekha Saini W/o Shri Sukh Veer D/o Shri Brajendra Saini, Aged About 25 Years, Resident Of Sehrspaysa, Aring, Police Station And Tehsil Goverdhan, District Mathura, U.p., At Present Resident Of Tusari, Tasai, Police Station And Tehsil Kathumar, District Alwar, Rajasthan.
2. Sukh Veer S/o Shri Bhagvan Singh, Aged About 28 Years, Resident Of Tusari, Tasai, Police Station And Tehsil Kathumar, District Alwar, Rajasthan. ----Petitioners Versus
1. State Of Rajasthan, Through The Additional Chief Secretary Department Of Home, Government Of Rajasthan, Secretariat, Jaipur.
2. The Superintendent Of Police, District Alwar, Rajasthan.
3. Station House Officer, Police Station Kathumar, District Alwar, Rajasthan.
4. Station House Officer, Police Station Goverdhan, District Mathura, U.p.
5. Ved Prakash S/o Shri Shri Brajendra Saini, , Resident Of Sehrspaysa, Aring, Police Station And Tehsil Goverdhan, District Mathura, U.p.
6. Kaniyalal Saini S/o Shri Soni Saini, Resident Of Sehrspaysa, Aring, Police Station And Tehsil Goverdhan, District Mathura, U.p.
7. Laxman Singh S/o Shri Lakho Singh, Resident Of Village Rangpura, Aring, Police Station And Tehsil Goverdhan, District Mathura, U.p. ----Respondents For Petitioner(s) : Mr. Mamraj Jat For Respondent(s) : Mr. Manvendra Singh, PP JUSTICE ANOOP KUMAR DHAND
Order
(2 of 3) [CRLW-73/2025] 21/01/2025
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 of the Rajasthan
(3 of 3) [CRLW-73/2025] 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 Karan/358