[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Himanshi Kumari vs State Of Rajasthan (2026:Rj-Jd:19759) on 27 April, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:19759]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 1868/2026
1. Himanshi Kumari W/o Kapil Kumar Suthar, Aged About 22
Years, D/o Ganeshram Suthar, R/o Vasa,tehsil Pindawara,
District Sirohi.
2. Kapil Kumar Suthar S/o Prakash Ram, Aged About 25
Years, R/o Pashrwa Residency, Near Panchshlok Homes
Taragad Road, Ahmedabad. At Present R/o Vasa,tehsil
Pindawara, District Sirohi.
----Petitioners
Versus
1. State Of Rajasthan, Through Home Secretary, Govt. Of
Rajasthan, Jaipur.
2. Superintendent Of Police, District Pali.
3. Sho, Police Station Rohida, District Sirohi.
4. Ganesh S/o Late Sinaji, Aged About 60 Years, R/o Vasa,
Tehsil Pindawara, District Sirohi.
5. Suresh S/o Deva Ji, Aged About 40 Years, R/o Vasa,
Tehsil Pindawara, District Sirohi.
6. Vipul S/o Prakash Ji, Aged About 30 Years, R/o Vasa,
Tehsil Pindawara, District Sirohi.
7. Prakash S/o Senaji, Aged About 60 Years, R/o Vasa,
Tehsil Pindawara, District Sirohi.
8. Lata W/o Arjun Ji, Aged About 35 Years, R/o
Bhawari,swaropganj, Tehsil Pindwara, District Sirohi.
9. Kaushik S/o Ganesh Kumar, Aged About 20 Years, R/o
Vasa, Tehsil Pindawara, District Sirohi.
----Respondents
For Petitioner(s) : Mr. Jamtaram Patel
For Respondent(s) : Mr. Shri Ram Choudhary, AGA
HON'BLE MR. JUSTICE FARJAND ALI
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[2026:RJ-JD:19759] (2 of 3) [CRLW-1868/2026]
Order
27/04/2026
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
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
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[2026:RJ-JD:19759] (3 of 3) [CRLW-1868/2026]
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
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
289-poojatak/-
(Uploaded on 28/04/2026 at 12:26:39 PM)
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