Rajasthan High Court – Jodhpur
Nirmala Devi vs State Of Rajasthan (2025:Rj-Jd:27325) on 17 June, 2025
[2025:RJ-JD:27325] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 1749/2025 1. Nirmala Devi D/o Shri Satyanarayan, Aged About 21 Years, R/o W.no 09 Modi Khurd Morikhurd Nagaur 2. Prakash Gora S/o Ghasi Ram, Aged About 25 Years, R/o W.no 09, Seetawat, Po Rid , Nagaur ----Petitioners Versus 1. State Of Rajasthan, Department Of Home Affairs, Government Of Rajasthan, Secretariate, Jaipur (Raj.). 2. The Superintendent Of Police, Dist Deedwana Kuchaman , Nagaur 3. Sho, P.s. Peelwa , Dist Deedwana Kuchaman Nagaur 4. Satyanarayan S/o Bhinyaram, R/o W.no 09 Modi Khurd, P.s. Peelwa , Tehsil Parbatsar, Dist Nagaur 5. Radha Devi W/o Shri Satyanarayan, R/o W.no 09 Modi Khurd, P.s. Peelwa , Tehsil Parbatsar, Dist Nagaur 6. Ramniwas S/o Mungaram, R/o W.no 09 Modi Khurd, P.s. Peelwa , Tehsil Parbatsar, Dist Nagaur 7. Ramdev S/o Mungaram, R/o W.no 09 Modi Khurd, P.s. Peelwa , Tehsil Parbatsar, Dist Nagaur 8. Suman D/o Satyanarayn, R/o W.no 09 Modi Khurd, P.s. Peelwa , Tehsil Parbatsar, Dist Nagaur 9. Choti Devi D/o Satyanarayan, R/o W.no 09 Modi Khurd, P.s. Peelwa , Tehsil Parbatsar, Dist Nagaur 10. Birma Ram S/o Unknown, R/o Ratrana, P.s. Thanwala Dist Nagaur 11. Suresh Choyal S/o Shri Ramkaran Choyal, R/o Modi Kalla , Ps Thanwala, Dist Nagaur ----Respondents For Petitioner(s) : Mr. Hardik Gautam For Respondent(s) : Mr. Hanuman Prajapati, PP HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
(VACATION JUDGE)
Order
17/06/2025
1. The petitioners have preferred this writ petition under
Articles 226 and 227 of the Constitution of India for issuance of
necessary directions to the official respondents to provide
adequate security and protection to the petitioners on the ground
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that they are facing grave threat of life and liberty at the hands of
private respondent Nos.4 to 11.
2. 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.
3. After hearing learned counsel for the parties and perusing
the record of the case, this Court is neither going into the niceties
of the matter nor proving the relationship between the petitioners,
as it is the subject matter of investigation before the Investigating
Officer, and is concerned only about the protection of life, limb and
liberty as guaranteed under Article 21 of the Constitution of India.
4. 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.
5. In this view of the matter, the instant criminal writ petition is
disposed of with the direction to the petitioners to appear before
the concerned Superintendent of Police 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.
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6. It is made clear that any observation in this order shall not
affect any criminal and civil proceedings initiated against the
petitioners.
(CHANDRA PRAKASH SHRIMALI),VJ
226-Mrityunjay Singh Rathore/-
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