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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Birendra Kumar, J.
Risha Jafri – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Writ Petition No. 301 of 2022
Decided On : 23-05-2022
Interim Protection - Notice to Respondents - The court ordered the respondents to file a reply to the petition within two weeks and ensure protection of the petitioner's life and liberty as an interim measure.
Fact of the Case:
The court issued notice to the respondents and directed them to file a reply to the petition within two weeks.
Finding of the Court:
The court ordered interim protection for the petitioner's life and liberty and scheduled the case for a hearing after two weeks.
Issues: Notice to Respondents, Interim Protection, Filing of Reply
Ratio Decidendi: The court's decision was based on the need to ensure the protection of the petitioner's life and liberty pending the filing of a reply by the respondents.
Final Decision: The court ordered the respondents to provide interim protection to the petitioner and scheduled the case for a hearing after two weeks.
ORDER
1. Issue notice to the respondents.
2. Learned Government Advocate cum AAG accepts notice on behalf of the respondents.
3. Let the respondents file reply to the petition within two weeks.
4. In the meanwhile, as an interim measure, respondents shall ensure protection of life and liberty of the petitioner.
5. List after two weeks.
Courts can order interim protection to ensure the safety and security of petitioners pending the filing of a reply by the respondents.
The court grants interim relief by staying further proceedings as per Exhibit P9 notification for one month.
The court emphasized procedural compliance in issuing notice to respondents in a legal matter.
The court's decision emphasized the importance of providing an opportunity for the respondents to respond within a reasonable time, in line with principles of natural justice.
The court has the discretion to grant an extension of time for filing a reply and to continue an interim order until the next hearing.
Court recognizes the necessity for fair hearing by issuing notice to respondents in a writ petition.
In the interest of justice, the court may adjourn a matter and allow the parties to exchange their pleadings before the next hearing.
The court emphasized the necessity for timely decisions by authorities in accordance with law.
The court emphasized the importance of following due procedure and providing the Petitioner with an opportunity to respond to the demand notice before making any recovery.
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