PINKI KANWAR KAVIYA D/O SH. AMAR SINGH KAVIYA, W/O SH. AYUSH DEWAL v. STATE OF RAJASTHAN
CRLW/2/2025 · 2025-01-06
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35864 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35864 (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. 2/2025
1. Pinki Kanwar Kaviya D/o Sh. Amar Singh Kaviya, W/o Sh. Ayush Dewal, Aged About 23 Years, R/o Village Charanwas, Ramgarh Pachwara, District Dausa (Raj). At Present R/o Chak Charanwas, District Jaipur (Raj).
2. Ayush Dewal S/o Sh. Mahaveer Singh, Aged About 24 Years, R/o Chak Charanwas, District Jaipur (Raj). ----Petitioners Versus
1. State Of Rajasthan, Through Secretary, Department Of Home Affairs Govt. Secretariat Jaipur.
2. Superintendent Of Police, Dausa District Dausa (Raj).
3. The Additional Superintendentof Police Cum Nodal Officer, Special Investigation Unit Crime Against Women Cell, Jaipur Police Commissionerate, Jaipur.
4. The Station House Officer Police Station, Sadar, Dausa District Dausa (Raj).
5. The Station House Officer Police Station, Raisar, Jamvaramgarh District Jaipur Rural (Raj).
6. Amar Singh Kaviya S/o Sh.bihari Singh Kaviya, R/o Village Charanwas, Ramgarh Pachwara, District Dausa (Raj).
7. Smt. Durga Kanwar W/o Sh. Amar Singh Kaviya, R/o Village Charanwas, Ramgarh Pachwara, District Dausa (Raj).
8. Ram Singh S/o Sh. Bihari Singh Kaviya, R/o Village Charanwas, Ramgarh Pachwara, District Dausa (Raj).
9. Hanuman Singh S/o Sh. Bihari Singh Kaviya, R/o Village Charanwas, Ramgarh Pachwara, District Dausa (Raj).
10. Surendra Singh Dewal S/o Sh. Chawand Singh, R/o Chak Charanwas, District Jaipur (Raj).
11. Indra Devi W/o Sh. Bhagwat Singh, R/o Village Deorajpur, Post Bichgaon, Tehsil Laxmangarh District Alwar (Raj). ----Respondents
(2 of 3) [CRLW-2/2025] For Petitioner(s) : Mr. Anoop Kumar For Respondent(s) : Mr. Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND
Order 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.
(3 of 3) [CRLW-2/2025] 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.
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 KuD/467