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2025 DIGILAW 214 (JHR)

Shabnam Prveen, D/o Md. Yasim v. State of Jharkhand

2025-01-29

ANIL KUMAR CHOUDHARY

body2025
JUDGMENT : ANIL KUMAR CHOUDHARY, J. Heard the parties. 2. This Writ Petition (Cr.) under Article 226 of the Constitution of India has been filed with twin prayers for:- (i) Issuance of direction in the nature of mandamus commanding upon the respondent Nos.1 to 7 for providing protection of life and property of the petitioner. Learned counsel for the petitioner submits that the said prayer has already been allowed vide order dated 09.01.2025 in I.A. No.2760 of 2024. The second prayer is: (ii) Issuance of appropriate direction to the respondent Nos.1 to 7 for taking immediate action against the respondent Nos.8 to 14 as per the agreement dated 13.11.2020 and 14.02.2022 for release of Rs.20,00,000/- along with compensation for illegally forcing the petitioner to comply with illegal rites and rituals because the respondent Nos.8 to 14 have committed exploitation to the petitioner. 3. Learned counsel for the petitioner fairly submits that the respondent Nos.8 to 14 are private persons and do not come under the definition of “State” as defined in Article 12 of the Constitution of India and also fairly submits that a writ cannot be issued against private respondents. Learned counsel for the petitioner next submits that liberty be given to the petitioner to file appropriate proceeding in appropriate court of law for the said release being granted to the petitioner. 4. Considering the aforesaid facts, this Writ Petition (Cr.) is disposed of with a direction for continuing the order dated 09.01.2025 passed in I.A. No.2760 of 2024 and disposing of this Writ Petition (Cr.) with liberty to the petitioner to file an appropriate case in appropriate court of law for the said second relief sought against the respondent Nos.8 to 14 of this Writ Petition (Cr.). 5. This Writ Petition (Cr.) is disposed of accordingly.