HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 10149/2022

Rajkumari Sharma W/o Manish Kumar Sharma, Aged About 40

Years, R/o Behind D.R.D.A Office, Karauli.

----Petitioner

Versus

1.

State Of Rajasthan, Through Secretary, Department Of

Home Affairs, And Justice, Secretariat Rajasthan, Jaipur.

2.

Commissioner Of Police, Jaipur.

3.

Superintendent Of Police, Karauli.

4.

Station House Officer, Police Station Kotwali, Karauli.

5.

Station House Officer Police Station Sanganer, Jaipur.

6.

Omprakash Sharma S/o Shri Girraj Lal Sharma, R/o Indra

Colony, Karauli.

7.

Uma Devi W/o Omprakash, R/o Indra Colony, Karauli.

8.

Ajad Katara S/o Omprakash, R/o 372, Krishi Nagar, Near

Microbox Colony, Toll Tax, Pratap Nagar, Sector 5,

Sanganer, Jaipur.

9.

Ajeet Katara S/o Omprakash, R/o 372, Krishi Nagar, Near

Microbox Colony, Toll Tax, Pratap Nagar, Sector 5,

Sanganer, Jaipur.

10.

Satish Katara S/o Omprakash, R/o 372, Krishi Nagar,

Near Microbox Colony, Toll Tax, Pratap Nagar, Sector 5,

Sanganer, Jaipur.

----Respondents

For Petitioner(s)

:

Ms. Chhavi Chaturvedi

For Respondent(s)

:

Mr. Arvind Kumar-PP

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

12/12/2022

The petitioners have preferred this petition for issuance of

necessary directions to the official-respondents to provide

adequate security and protection to them on the ground that they

(2 of 3)

[CRLMP-10149/2022]

are facing grave threat of their life and liberty at the hands of

private respondents No.6 to 10.

Learned counsel for the petitioners submits that Article 21 of

the Constitution of India provides for right to life and personal

liberty under the ambit of fundamental rights and any threat to

the same amounts to violation of the same.

It is well settled legal position as expounded by the Hon'ble

Supreme 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 individuals has to be protected

except according to procedure established by law, as mandated by

Article 21 of the Constitution of India. Further, as per Section 29 of

the Rajasthan Police Act, 2007 every police officer is duty bound

to protect the life and liberty of the citizens.

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 disposes of the

present petition with the direction to the petitioners to appear

before the Superintendent of Police, Karauli, Rajashtan 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-10149/2022]

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

affect any criminal and civil proceeding initiated against the

petitioners.

The instant criminal misc. petition stands disposed of.

Stay application also stands disposed of.

(ANOOP KUMAR DHAND),J

Ashu/160