NEHA D/O SH. SUDESH MALIK, W/O SH. VIKASH v. THE STATE OF RAJASTHAN
CRLW/117/2025 · 2025-01-31
Ganesh Ram Meena
Transfer Petitionbody2025
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[ 2025 DAILYLAW 4415 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 4415 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:4429] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 117/2025
1. Neha D/o Sh. Sudesh Malik, W/o Sh. Vikash, Aged About 21 Years, R/o Pana Chajain, Mokhra Khas ( 101), Rohtak ( Haryana) At Present R/o Village Majra Kath, Neemrana Post Neemrana District Alwar (Raj). 2. Vikash S/o Sh. Ashok Choudhary, Aged About 24 Years, R/o Village Majra Kath, Neemrana Post Neemrana District Alwar (Raj). ----Petitioners Versus
1. The State Of Rajasthan, Through Public Prosecutor. 2. The Additional Superintendent Of Police Cum Nodal Officer, Special Investigation Unit Crime Against Women, Cell, District Kotputli- Behror ( Raj). 3. The Superintendent Of Police, Kotputli- Behror District Kotputli- Behror (Raj). 4. The Superintendent Of Police, Rohtak District Rohtak ( Haryana). 5. The S.h.o., Police Station, Purani Sabzimandi, District Rohtak ( Haryana). 6. The S.h.o. Police Station , Neemrana, District Kotputli- Behror (Raj). 7. Naresh Rapadiya S/o Sh. Rajbeer Rapadiay, R/o Juhi, Police Station Balda, District Bhiwani, ( Haryana). 8. Sachin Malik S/o Sh. Sudesh Malik, R/o Pana Chajain, Mokhra Khas ( 101), Rohtak ( Haryana). 9. Ashok Ola S/o Sh. Nandram, R/o Village Kath Ka Majra, Police Station Neemrana, District Kotputli- Behror (Raj). ----Respondents For Petitioner(s) : Mr. Mukesh Dudi For Respondent(s) : Mr. Vijay Singh Yadav, Public Prosecutor HON'BLE MR. JUSTICE GANESH RAM MEENA Order 31/01/2025
1. The petitioners have preferred this petition for issuance of necessary directions to the official-respondents to provide
[2025:RJ-JP:4429] (2 of 3) [CRLW-117/2025] 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). 2. 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. 3. Counsel for the petitioners submits that prior to approaching this Court the petitioners have already submitted representations before the concerned Police authorities pursuant to the orders passed by the Coordinate 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. 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. 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
[2025:RJ-JP:4429] (3 of 3) [CRLW-117/2025] protection before the concerned Police authorities, 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. 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 writ petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (GANESH RAM MEENA),J Satyendra/395