[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Nasira vs State Of Rajasthan (2026:Rj-Jd:17782) on 16 April, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:17782]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 1619/2026
1. Nasira D/o Baksa, Aged About 22 Years, R/o Manjhi Ka
Tala, Kundanpur, Tehsil Sedwa, District Barmer, Rajasthan
2. Jamardeen S/o Barkat Khan, Aged About 27 Years, R/o
Manjhi Ka Tala, Kundanpur, Tehsil Sedwa, District Barmer,
Rajasthan
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Home Affairs, Government Of Rajasthan, Secretariat,
Jaipur
2. The Superintendent Of Police, District. Barmer, Rajasthan
3. The Station House Officer, P.s. Sedwa, Dist. Barmer,
4. The Station House Officer, P.s. Choutan, Dist. Barmer
5. The Station House Officer, P.s. Dhanau, Dist. Barmer,
Rajasthan
6. Baksa S/o Sakhi Khan, R/o Manjhi Ka Tala, Kundanpur,
Tehsil Sedwa, District Barmer, Rajasthan
7. Daud Khan S/o Sakhi Khan, R/o Manjhi Ka Tala,
Kundanpur, Tehsil Sedwa, District Barmer, Rajasthan
8. Turka Khan S/o Sakhi Khan, R/o Manjhi Ka Tala,
Kundanpur, Tehsil Sedwa, District Barmer, Rajasthan
9. Hadi Khan S/o Amir Khan, R/o Manjhi Ka Tala, Kundanpur,
Tehsil Sedwa, District Barmer, Rajasthan
10. Kadar Khan S/o Safi Khan, R/o Manjhi Ka Tala,
Kundanpur, Tehsil Sedwa, District Barmer, Rajasthan
11. Gani Khan S/o Toga Khan, R/o Manjhi Ka Tala, Kundanpur,
Tehsil Sedwa, District Barmer, Rajasthan
12. Sadam Khan S/o Bachaye Khan, R/o Manjhi Ka Tala,
Kundanpur, Tehsil Sedwa, District Barmer, Rajasthan
13. Iman Khan S/o Latif Khan, R/o Manjhi Ka Tala,
Kundanpur, Tehsil Sedwa, District Barmer, Rajasthan
14. Bariyam Khan S/o Sumar Khan, R/o Manjhi Ka Tala,
Kundanpur, Tehsil Sedwa, District Barmer, Rajasthan
15. Jamil Khan Mother/o Sumar Khan, R/o Manjhi Ka Tala,
Kundanpur, Tehsil Sedwa, District Barmer, Rajasthan
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16. Salim Khan Mother/o Sumar Khan, R/o Manjhi Ka Tala,
Kundanpur, Tehsil Sedwa, District Barmer, Rajasthan
17. Akbar Khan S/o Toga Khan, R/o Manjhi Ka Tala,
Kundanpur, Tehsil Sedwa, District Barmer, Rajasthan
18. Hayat Khan S/o Toga Khan, R/o Manjhi Ka Tala,
Kundanpur, Tehsil Sedwa, District Barmer, Rajasthan
19. Yusuf Khan S/o Sumar Khan, R/o Manjhi Ka Tala,
Kundanpur, Tehsil Sedwa, District Barmer, Rajasthan
20. Masuk Khan S/o Barkat Khan, R/o Manjhi Ka Tala,
Kundanpur, Tehsil Sedwa, District Barmer, Rajasthan
----Respondents
For Petitioner(s) : Mr. Peerane Khan
For Respondent(s) : Mr. N.S. Chandawat, Dy. GA
HON'BLE MR. JUSTICE FARJAND ALI
Order
16/04/2026
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
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 that a genuine
and imminent apprehension of threat to the life and personal
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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.
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
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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
203-poojatak/-
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