HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 7624/2022

1.

Nasarin D/o Rifakat Husain W/o Mohd Aasiqu, Aged About

20 Years, R/o Churai Bareilly U.p. At Presently Residing At

Boranada Jodhpur

2.

Mohd Aasiqu S/o Khaleel Ahamed, Aged About 27 Years,

R/o Barely Shishgarh U.p. Presently Residing At Boranada

Jodhpur

----Petitioners

Versus

1.

State Of Rajasthan, Through The Secretary Deptt. Of

Home Affairs Govt. Of Raj. Jaipur

2.

Commissioner Of Police, Jodhpur

3.

S.h.o., Ps Boranada Dist. Jodhpur

4.

Rifakat Husain S/o Jmanat Husain, Aged About 50 Years,

R/o Churai Bareilly U.p.

5.

Jamanant Husain S/o Abdul Husain, Aged About 84 Years,

R/o Churai Bareilly U.p.

6.

Firasat Husain S/o Rifakat Husain, Aged About 30 Years,

R/o Churai Bareilly U.p.

7.

Riyasat Husain S/o Rifakat Husain, Aged About 25 Years,

R/o Churai Bareilly U.p.

8.

Nasir S/o Rifakta Husain, Aged About 22 Years, R/o

Churai Bareilly U.p.

9.

Jameel S/o Jamanat Husain, Aged About 40 Years, R/o

Churai Bareilly U.p.

10.

Sabdar Husain S/o Jamanat Husain, Aged About 30 Years,

R/o Churai Bareilly U.p.

11.

Aamir Husain S/o Jamanat Husain, Aged About 40 Years,

R/o Churai Bareilly U.p.

12.

Jakir Husain S/o Jamil Husain, Aged About 23 Years, R/o

Churai Bareilly U.p.

13.

Jahir Riyasat Husain S/o Jamil Husain, Aged About 25

Years, R/o Churai Bareilly U.p.

14.

Tahir Husain S/o Aamir Husain, Aged About 21 Years, R/o

Churai Bareilly U.p.

----Respondents

(2 of 3)

[CRLMP-7624/2022]

For Petitioner(s)

:

Mr. Anil Bidan Halu

For Respondent(s)

:

Mr. Mukhtiyar Khan, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

16/11/2022

The petitioners have preferred this petition under Section

482 Cr.P.C. for issuance of necessary directions to the official

respondents to provide adequate security and protection to the

petitioners on the ground that they are facing grave threat of life

and liberty at the hands of private respondents.

Learned counsel for the petitioners submits that Article 21 of

the Constitution of India provides for right to life, limb and

personal liberty under the ambit of fundamental rights and any

threat to the same amounts to violation of rights guaranteed by

the Constitution of India. Being the citizen of independent India,

the petitioners have right to reside with honour and dignity,

therefore, they have sought protection from the hands of private

respondents and also sought directions to respondents to provide

them adequate protection.

After hearing learned counsel for the parties as well as

perusing the record of the case, since the petitioners apprehend

threat to their right of life and liberty, this Court is of the

considered view that the petitioners have every right to seek the

protection of their life, limb and liberty; and therefore, persuaded

to dispose of the present petition with the direction to the

petitioners to appear before the Commissioner of Police, Jodhpur

along with appropriate representation regarding their grievance.

(3 of 3)

[CRLMP-7624/2022]

The Commissioner of Police, Jodhpur shall in turn hear the

grievance of the petitioners, and after analyzing the threat

perceptions, if necessitated, may pass necessary orders to provide

adequate security and protection to the petitioners.

It is made clear that any observation in this order shall not

affect any criminal and civil proceedings initiated against the

petitioners.

(FARJAND ALI),J

235-Anshul/-