Rajasthan High Court Weekly Roundup: April 25 To May 1, 2022

Nominal Index Neeraj Jain v. State Of Rajasthan & Ors. 2022 LiveLaw (Raj) 147 Manisha Khator v. State of Rajasthan 2022 LiveLaw (Raj) 148 Doli Mandir Sri Mahadev Ji (Pahadeshwar Mahadev), Ludrada Tehsil Siwana, District Barmer Through Its Devotee Shri Vikram Singh v. District Collector, Barmer & Ors. 2022 LiveLaw (Raj) 149 Vishal Kochar v. Smt. Pulkit Sahni & Anr. 2022 LiveLaw (Raj) 150 Sunita Meena v. Rajasthan High Court, Jodhpur through its Registrar General & Anr. 2022 LiveLaw (Raj) 151 Sanjay Ghiya v. Union Of India 2022 LiveLaw (Raj) 152 Anop Singh v. State Of Rajasthan, Through Pp 2022 LiveLaw (Raj) 153 Judgments/ Orders of the Week 1. Without Revoking Appointment of APP, Govt's Action In Just Directing Special PP To Appear In Case Doesn't Appear Just, Proper & Correct: Rajasthan HC Case Title: Neeraj Jain v. State Of Rajasthan & Ors. Citation: 2022 LiveLaw (Raj) 147 The Rajasthan High Court observed that the action of the State Government in just directing the Special Public Prosecutor to appear in the case after taking the files from Additional Public Prosecutor, does not appear to be just, proper and correct. More particularly, when the order of appointment of Additional Public Prosecutor has not been revoked, added the court. The court noted that the State Government after having taken into consideration the special circumstances of the present case, had appointed Shri Shreejee Bhavsar to appear as Special Public Prosecutor in the case vide order dated 28.03.2018. The court added that while this order is still in force, a direction has been issued to transfer the files of this case to Shri Prem Singh Panwar who is regularly appointed Additional Public Prosecutor in the court of Additional Sessions Judge (Women Atrocities Cases), Udaipur. Justice Vinit Kumar Mathur, while allowing the writ petition, observed, "The action of the State Government in just directing the Special Public Prosecutor to appear in the case after taking the files from Shri Shreejee Bhavsar, does not appear to be just, proper and correct. More particularly, when the order of appointment of Shri Shreejee Bhavsar dated 28.03.2018 has not been revoked." 2. 'No Imminent Threat': Rajasthan High Court Directs SP To Consider Postgraduate Woman's Protection Plea Case Title: Manisha Khator v. State of Rajasthan Citation: 2022 LiveLaw (Raj) 148 The Rajasthan High Court disposed of a plea filed by a postgraduate woman raising grievance that she wants to pursue her studies, whereas she is being harassed by the police as her father has lodged a missing person report. Being a resident of Ganganagar, the petitioner is presently residing as a paying guest at Jodhpur and wants to continue her study. In this regard, she prayed for adequate police protection from her parents. The court opined that there is no specific instance or imminent threat to the petitioner and if the petitioner is having any apprehension or threat perception about her life and liberty from her parents, she may move appropriate representation before the Superintendent of Police, Jodhpur (East) indicating her concern Justice Dinesh Mehta, while disposing of the criminal miscellaneous petition, observed, "Though no specific instance or imminent threat has been pleaded but considering the submissions made by learned counsel for the petitioner and having regard to the facts and circumstances of the case, this Court is of the opinion that if the petitioner is having any apprehension or threat perception about her life and liberty from her parents, she may move appropriate representation before the Superintendent of Police, Jodhpur (East) indicating her concern." 3. Pahadeshwar Mahadev Temple: Rajasthan High Court Directs SDO To Decide Representation Against Alleged Encroachment Case Title: Doli Mandir Sri Mahadev Ji (Pahadeshwar Mahadev), Ludrada Tehsil Siwana, District Barmer Through Its Devotee Shri Vikram Singh v. District Collector, Barmer & Ors. Citation: 2022 LiveLaw (Raj) 149 The Rajasthan High Court has directed the Sub Division Officer concerned in the area to look into a representation to be made before it against alleged encroachment, unauthorized constructions demolition of structures at the Pahadeshwar Mahadev Temple in Barmer district. The division bench comprising Justice Vinod Kumar Bharwani and Justice Saneep Mehta observed that the petitioner has been climbing up the wrong tree for ventilating his grievances by filing the representations to the Chief Minister and the Principal Secretary, Devasthan Department and thereby not addressing a dedicated representation to the Sub Division Officer (SDO) concerned. The petitioner Vikram Singh claiming to be a devotee of Doli Mandir Sri Mahadev Ji (Pahadeshwar Mahadev) Ludrada, Tehsil Siwana, District Barmer approached the court...

Rajasthan High Court Weekly Roundup: April 25 To May 1, 2022

ANIRUDH VIJAY

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