POOJA DHAWAN D/O BHAGWAN SAHAI DHAWAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMP 6099/2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6099/2021
1.
Pooja Dhawan D/o Bhagwan Sahai Dhawan, Aged About
21 Years, Resident Of Near Bhoot Bangla, Ambedkar
Colony, Ward No. 2, Bandikui Jageer ( Rural), Bandikui,
Duasa (Raj). Presently Resident Of 169, Shriram Vihar-I,
New Sanganer Road, Nearby , Riico Kanta Mansarovar,
Jaipur- 302020.
2.
Bhupesh Kanojiya S/o Raj Kumar Kanojiya, Aged About
25 Years, Resident Of Puranji Sabji Mandi Ke Andar,
Bandikui, District Dausa (Raj). Presently Resident Of 169,
Shriram Vihar-I, New Sanganer Road, Nearby , Riico
Kanta Mansarovar, Jaipur- 302020.
----Petitioners
Versus
1.
State Of Rajasthan, Through P.p.
2.
Director General Of Police, Rajasthan, District Jaipur
(Raj).
3.
Superintendent Of Police, District Dausa (Raj).
4.
Sho, Police Station, Bandikui, District Dausa (Raj).
5.
Bhagwan Sahai Dhawan S/o Shri Ram Sahai Dhawan,
Resident Of Near Bhoot Bangla, Ambedkar Colony, Ward
No. 2, Bandikui Jageer ( Rural), Bandikui, Duasa (Raj).
6.
Raj Kumar Kanojiya S/o Shri Kanhaiya Lal Kanojiya,
Resident Of Puranji Sabji Mandi Ke Andar, Bandikui,
District Dausa (Raj).
7.
Sanjay Dhawan S/o Bhagwan Sahai Dhawan, Resident Of
Near Bhoot Bangla, Ambedkar Colony, Ward No. 2,
Bandikui Jageer ( Rural), Bandikui, Duasa (Raj).
----Respondents
For Petitioner(s)
:
Mr. Sanchit Tamra through VC
For Respondent(s)
:
Mr. Arvind Kumar, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
(2 of 3)
[CRLMP-6099/2021]
03/02/2022
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 respondent Nos. 5 to 7.
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 the same. Being the
citizens of independent India, the petitioners have right to reside
with honour and dignity. Therefore, they have sought the
protection from the hands of private respondents and they also
sought direction to respondents to provide them 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 persuade to
dispose of the present petition with the direction to the petitioners
to appear before the Superintendent of Police, Dausa along with
appropriate representation regarding their grievance. The
concerned Superintendent of Police 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.
(3 of 3)
[CRLMP-6099/2021]
It is made clear that any observation in this order shall not
affect any criminal and civil proceedings initiated against the
petitioners.
Stay petition also stands disposed of.
(FARJAND ALI),J
SAHIL SONI /01
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