CRLW/1024/2022 of KOMAL VERMA D/O SHRI DHUDARAM, Vs STATE OF RAJASTHAN on 22 December 2022

1. Komal Verma D/o Shri Dhudaram, Aged About 19 Years,R/o Ward No. 11, Ajabapura, District Sikar, Raj.R/o Ward No. 11, Ajabapura, District Sikar, Raj.

2. Mr. Ritik Sonu Jharotiya S/o Shri Subhash ChandJharotiya, Aged About 20 Years, R/o Ward No. 20 ValmikiBasti, Nadipar Ranoli, District Sikar (Raj).Jharotiya, Aged About 20 Years, R/o Ward No. 20 ValmikiBasti, Nadipar Ranoli, District Sikar (Raj).

----Petitioners

Versus

1. State Of Rajasthan, Through P.p.

2. S.P., Sikar, Rajasthan.

3. S.H.O. Ranoli, Sikar (Raj).

4. Shri Dhudaram S/o Shri Namalum, Aged About 19 Years,R/o Ward No. 11, Ajabapura, District Sikar (Raj).R/o Ward No. 11, Ajabapura, District Sikar (Raj).

----Respondents

For Petitioner(s) : Mr. Narsi Prasad SharmaFor Respondent(s): Mr. Ganesh Saini, PP For Respondent(s): Mr. Ganesh Saini, PP

HON'BLE MR. JUSTICE ANOOP KUMAR DHANDOrder 22/12/2022

The petitoners have preferred this petition for issuance ofnecessary directions to the official-respondents to provide adequatesecurity and protection to them on the ground that they are facinggrave threat to their life and liberty at the hands of privaterespondent No.4.

Learned counsel for the petitioners submits that Article 21 of theConstitution of India provides for right to life and personal liberty underthe ambit of fundamental rights and any threat to the same amounts toviolation of the same.

It is well settled legal position as expounded by the Hon'bleSupreme 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 individualshas to be protected except according to procedure established by law,as mandated by Article 21 of the Constitution of India. Further, as perSection 29 of the Rajasthan Police Act, 2007 every police officer is dutybound to protect the life and liberty of the citizens.

After hearing learned counsel for the parties as well as perusingthe record of the case, since the petitioners apprehend threat to theirright of life and liberty, this Court disposes of the present petition withthe direction to the petitioners to appear before the Superintendent ofPolice, District Sikar, Rajashtan along with appropriate representationregarding their grievance. The concerned Superintendent of Police shallin turn hear the grivance of the petitioners, and after analyzing thethreat perceptions, if necessitated, may pass necessary orders toprovide adequate security and protection to the petitioners.

It is made clear that any observation in this order shall not affectany criminal and civil proceeding initiated against the petitioners.

The instant criminal writ petition stands disposed of.

Stay application also stands disposed of.

(ANOOP KUMAR DHAND),J

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