[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Suhana Banu vs State Of Rajasthan (2026:Rj-Jd:16493) on 9 April, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:16493]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 1465/2026
1. Suhana Banu D/o Rajjak Mohammad, Aged About 24
Years, Resident Of Ward No.04, Kuwaniya Road, Senawas,
Banswara, Rajasthan At Present Residing At Gordi, Post
Sudanpur, District Banswara.
2. Vikram Chouhan S/o Suraj Chouhan, Aged About 26
Years, Resident Of Gordi, Post Sudanpur, Banswara.
----Petitioners
Versus
1. State Of Rajasthan, Through Chief Secretary, Ministry Of
Home Affairs, Jaipur
2. The Superintendent Of Police, Banswara
3. The Station House Officer, Police Station Ghatol, District
Banswara
4. Rajjak Mohammad S/o Nasir Mohammad, Resident Of
Ward No.04, Kuwaniya Road, Senawasa Village, Tehsil
Ghatol, District Banswara
5. Najma Banu D/o Ramjan Mohammad, Resident Of Ward
6.no.04, Kuwaniya Road, Senawasa Village, Tehsil Ghatol,
District Banswa
6. Arbaj Mohammad S/o Rajjak Mohammad, Resident Of
Ward No.04, Kuwaniya Road, Senawasa Village,
Tehsilghatol, District Banswara
7. Masar Mohammad S/o Rajjak Mohammad, Resident Of
Ward No.04, Kuwaniya Road, Senawasa Village, Tehsil
Ghatol, District Banswar
8. Rehnuma Banu W/o Arbaj Mohammad, Resident Of Ward
No.04, Kuwaniya Road, Senawasa Village, Tehsil Ghatol,
District Banswara
9. Anabiya D/o Arbaj Mohammad, Resident Of Wardno.04,
Kuwaniya Road, Senawasa Village, Tehsil Ghatol, District
Banswara
10. Allakh S/o Ramjan Mohammad, Resident Of Ward .no.04,
Kuwaniya Road, Senawasa Village, Tehsil Ghatol, District
Bans
11. Ansar S/o Ramjan Mohammad, Resident Of Ward No.04,
Kuwaniya Road, Senawasa Village, Tehsil Ghatol, District
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Banswara.
12. Raees S/o Ramjan Mohammad, Resident Of Ward No.04,
Kuwaniya Road, Senawasa Village, Tehsil Ghatol, District
Banswara.
13. Yunus S/o Ramjan Mohammad, Resident Of Ward No.04,
Kuwaniya Road, Senawasa Village, Tehsil Ghatol, District
Banswara
14. Asif S/o Rahmad Hussain, Resident Of Ward
No.04,kuwaniya Road, Senawasa Village, Tehsil
Ghatol,district Banswara.
15. Jabir Mohammd S/o Naseer Mohammad, Resident Of
Ward No.04, Kuwaniya Road, Senawasa Village, Tehsil
Ghatol, District Banswara
16. Jawed Akhtar S/o Naseer Mohammad, Resident Of Ward
No.04, Kuwaniya Road, Senawasa Village, Tehsil Ghatol,
District Banswara.
----Respondents
For Petitioner(s) : Mr. Abhimanyu Singh Ranawat
For Respondent(s) : Mr. Shri Ram Choudhary, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
09/04/2026
1. The present Criminal Writ Petition has been preferred under
Article 226 of the Constitution of India seeking directions to the
official respondents to provide protection to the petitioners, who
apprehend threat to their life and personal liberty at the hands of
the private respondents.
2. The right to life and personal liberty is a fundamental right
and cannot be compromised. The assessment of threat perception
and requirement of protection lies within the domain of the police
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authorities, who are duty bound to ensure that no person takes
law into their own hands.
3. Considering the grounds taken in the writ petition and the
circumstances of the case, it appears to this Court is satisfied that
a genuine and imminent apprehension of threat to the life and
personal liberty of the petitioners exists. The right guaranteed
under Article 21 of the Constitution of India is sacrosanct and
stands on the highest pedestal amongst all fundamental rights. It
is well settled that the expression "life" under Article 21 does not
connote mere animal existence but encompasses the right to live
with human dignity, safety and without fear. This Court cannot
remain a mute spectator when such valuable fundamental rights
are put in jeopardy. The constitutional mandate casts a positive
obligation upon the State and its instrumentalities to protect and
preserve the life and liberty of every individual and to ensure that
no person takes the law into his or her own hands. Whenever a
palpable threat to life is brought to the notice of this Court, it
becomes not only appropriate but imperative for the Court to step
in and ensure that the rule of law prevails. In such matters, this
Court does not hesitate to intervene where the protection of life
and personal liberty is at stake.
4. Accordingly, the petition is disposed of with a direction to the
petitioners to appear before the Commissioner/Superintendent of
Police concerned within 15 days and submit a representation
indicating the source of threat. The concerned officer shall
examine the grievance, assess the threat perception and pass
appropriate directions, if required, in accordance with law.
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Necessary coordination with the concerned police authorities may
also be undertaken.
5. It is clarified that this Court has not recorded any definitive
finding with regard to the legitimacy of the relationship claimed by
the petitioners, their age, the validity of the alleged marriage or
the genuineness of the documents relied upon by them, and all
such aspects shall remain open for enquiry and investigation by
the competent authority, in accordance with law. It is further
made clear that any observation made herein shall not affect any
civil or criminal proceedings, if any, pending or to be initiated in
accordance with law.
6. The petition stands disposed of. Pending applications, if any,
also stand disposed of.
(FARJAND ALI),J
209-poojatak/-
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