Manisha vs State Of Rajasthan And Ors

This Writ Petition has been filed under Article 226 of the Constitution of India for protection to life and personal liberty of the petitioner.

Learned counsel for the petitioner submits that the sister of petitioner Ms. Pinki committed suicide on 26.05.2020 owing to abatement to commit suicide. After due investigation, Police has filed charge-sheet against Rajulal under Sections 306, 504 and 354 of IPC. Due to this animosity, private respondent Nos.4 to 9 organized a meeting (khap panchayat) on 02.06.2020, in which the petitioner and her family members were restricted from going to temple and public places. They are regularly threatening the petitioner and her family members. Their life and liberty is in danger, therefore, police protection may be granted to them.

Learned Assistant Government counsel submits that appropriate directions may be passed in the matter.

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. Therefore, 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 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 Criminal case, if any, and such case would take its own course as per law.