HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 1745/2021

Mohammad Sazid Son Of Shri Ahmad Miyan, Aged About 59

Years, R/o Behind Government School, Jama Masjid, P.s. Kotwali

Tonk, District Tonk.

----Petitioner

Versus

1.

State Of Rajasthan, Through Secretary, Home

Department, Govt. Of Rajasthan, Secretariat, Jaipur.

2.

Superintendent Of Police, Tonk.

3.

S.h.o, Police Station Kotwali, Tonk.

4.

Imran Son Of Usman, R/o Labada Wale, Gulzar Bagh,

Jakhira, Tonk.

5.

Rizwan Son Of Usman, R/o Labada Wale, Gulzar Bagh,

Jakhira, Tonk.

6.

Irfan Son Of Usman, R/o Labada Wale, Gulzar Bagh,

Jakhira, Tonk.

7.

Humer Son Of Usman, R/o Labada Wale, Gulzar Bagh,

Jakhira, Tonk.

8.

Akhtar Wife Of Usman, R/o Labada Wale, Gulzar Bagh,

Jakhira, Tonk.

9.

Usman Son Of Machchhu Khan, R/o Labada Wale, Gulzar

Bagh, Jakhira, Tonk.

10.

Sanju Wife Of Iqramuddin, R/o Labada Wale, Gulzar

Bagh, Jakhira, Tonk.

11.

Sheena Wife Shanu D/o Usman, R/o Labada Wale, Gulzar

Bagh, Jakhira, Tonk.

12.

Rani Wife Of Imran, R/o Labada Wale, Gulzar Bagh,

Jakhira, Tonk.

13.

Shakeela Wife Of Irfan, R/o Labada Wale, Gulzar Bagh,

Jakhira, Tonk.

14.

Shanno Wife Of Rizwan, R/o Labada Wale, Gulzar Bagh,

Jakhira, Tonk.

15.

Shabana D/o Usman Khan Wife Of Mohammad Sazid, R/o

Labada Wale, Gulzar Bagh, Jakhira, Tonk.

----Respondents

(2 of 3)

[CRLMP-1745/2021]

For Petitioner(s)

:

Mr. Shamsul Aarefin

For Respondent(s)

:

Mr. Prashant Sharma, P.P.

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

24/03/2021

This petition under Section 482 Cr.P.C. has been filed by the

petitioner seeking protection of his life and personal liberty from

the respondents no.4 to 15.

Heard learned counsels for both the sides and perused the

material made available on record.

Learned counsel for the petitioner contended that the

petitioner, who is aged person of 59 years, is being harassed and

tortured by his wife and family members of his in-laws family, i.e.,

respondent Nos.4 to 15. Given that his life and liberty is in danger,

police protection may be granted to him.

Learned Public Prosecutor submits that appropriate directions

may be issued.

In view of the order intended to be passed in the petition

being non-prejudicial to the private respondents, no notices are

required against them.

Heard. Considered.

Article 21 of the Constitution of India guarantees

fundamental right to every person for protection of his life and

personal liberty except according to procedure established by law.

Further, as per Section 29 of Rajasthan Police Act, 2007 every

(3 of 3)

[CRLMP-1745/2021]

police officer is duty bound to protect the life and liberty of the

citizens.

Therefore, in light of the above legal position and having

regard to the above submissions; but, without expressing any

opinion on the genuineness or correctness of the allegations made

by the petitioner, this petition is disposed of with the direction that

learned counsel for the petitioner shall send a copy of the petition

along with its annexures to the Station House Officer of concerned

Police Station through e-mail, and on receipt of the same, the

Station House Officer concerned shall treat this petition as

complaint and after due enquiry he shall take necessary

preventive measures and other steps to ensure safety and security

of the petitioner in accordance with law.

However, as a precautionary note, it is made clear that this

order shall not come in the way of investigation of the

civil/criminal case, if any, and such case would take its own course

as per law.

(MAHENDAR KUMAR GOYAL),J

Manish/59