HEENA MANDAWARIYA W/O PRAMOD KUMAR KHAJOTIYA v. STATE OF RAJASTHAN
CRLW/1531/2025 · 2025-11-21
Anoop Kumar Dhand
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 46347 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46347 (RAJ) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 1531/2025
1. Heena Mandawariya W/o Pramod Kumar Khajotiya, Aged About 18 Years, Resident Of Raigaro Ka Mohalla, Hand- ipura, Amber, Po Amer, District Jaipur, Presently Resident Of Bagori, Bhonawas, Jaipur (Raj.). Aadhar No. 5022- 1146-1341. 2. Pramod Kumar Khajotiya Son Of Santosh Kumar Kha- jotiya, Aged About 26 Years, Resident Of Bagori, Bhonawas, Jaipur (Raj.) Aadhar No. 3386-5646-1298. ----Petitioners Versus
1. State Of Rajasthan, Through Principal Secretary, Depart- ment Of Home Affairs, Government Of Rajasthan, Secre- tariat, Jaipur. 2. The Superintendent Of Police, Kotputli- Behror. 3. The Nodal Officer, S.p. Office, Kotputli- Behror. 4. Sho Police Station Pragpura, District Kotputli- Behror. 5. Nanak Ram Son Of Suwalal, Resident Of Amer, Police Sta- tion Amer, Tehsil Amer, District Jaipur. 6. Rajni Devi W/o Nanak Ram, Resident Of Amer, Police Sta- tion Amer, Tehsil Amer, District Jaipur. 7. Hanuman Sahay Son Of Suwalal, Resident Of Amer, Police Station Amer, Tehsil Amer, District Jaipur. 8. Gyan Cahnd Son Of Suwalal, Resident Of Amer, Police Station Amer, Tehsil Amer, District Jaipur. 9. Heera Lal Son Of Suwalal, Resident Of Amer, Police Sta- tion Amer, Tehsil Amer, District Jaipur. 10. Gopi Chand Son Of Suwalal, Resident Of Amer, Police Sta- tion Amer, Tehsil Amer, District Jaipur. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr.Amit Punia, PP JUSTICE ANOOP KUMAR DHAND
(2 of 3) [CRLW-1531/2025] Order 21/11/2025
1. Defect(s) pointed out by the Office stands waived. 2. The petitoner has preferred this petition for issuance of necessary directions to the official-respondents to provide adequate security and protection to her on the ground that she is facing grave threat to her life and personal liberty at the hands of private respondents. 3. The 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. It appears that prior to approaching this Court, the petitioner has 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). 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 the Article 21 of the Constitution of India. Further, as per Section 29 of the Rajasthan Police Act, 2007
(3 of 3) [CRLW-1531/2025] every Police Officer is duty bound to protect the life and personal liberty of the citizens. 6. Looking to the fact that the petitioner has 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 petitioner. 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 /185