[Cites 3, Cited by 0]
Rajasthan High Court - Jodhpur
Urn: Crlw / 3869U / 2025Raghav Chandak vs State Of Rajasthan (2026:Rj-Jd:20532) on 29 April, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:20532]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 2656/2025
1. Raghav Chandak S/o Ashok Chandak, Aged About 36
Years, 203, G Block , Ganganagar (Raj.)
2. Ashok Chandak S/o Shri Madan Lal, Aged About 64 Years,
203, G Block , Ganganagar (Raj.)
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary , Ministry Of
Home Affairs , North Block , Central Secretariat , New
Delhi
2. State Of Rajasthan, Through Pp
3. Suprintendent Of Police, District - Sriganganagar Raj.
4. Station House Officer (Sho), P.s Kotwali , Ganganagar ,
District Sriganganagar Raj.
----Respondents
For Petitioner(s) : Mr. Madhav Vyas
Mr. Umesh Kant Vyas
For Respondent(s) : Ms. Yukti Joshi for
Mr. Vivek Shrimali
Mr. SriRam Chaudhary, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
29/04/2026
1. The present criminal writ petition under Article 226 of the
Constitution of India has been preferred by the petitioners, who
are under a grave and imminent apprehension of danger to their
lives on account of repeated death threats extended by certain
gangsters through WhatsApp calls and audio messages.
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2. Briefly stating the facts of the case are that the petitioners,
are engaged in extensive liquor and mining businesses across
multiple States and possess significant social and political
standing. They have been receiving continuous death threats and
ransom demands ranging from Rs. 20-30 crores through
international WhatsApp calls and audio messages from notorious
gangsters. Incidents of violence connected to their business
activities, including attacks on associates and illegal mining
confrontations, further substantiate the threat perception. Despite
lodging FIRs and making repeated representations to authorities
across various States and at the Union level, no adequate security
has been provided. Being under constant fear for their lives and
liberty, the petitioners have invoked the writ jurisdiction of this
Court seeking protection.
3. Heard learned counsel for the petitioners and learned Public
Prosecutor for the State. Perused the material available on record
as well as the documents annexed with the writ petition.
4. The factual matrix, as emerging from the pleadings, reflects
a consistent and alarming pattern of events pointing towards a
real, subsisting, and grave threat to the lives of the petitioners.
Specific incidents have been brought on record, including the
occurrence in the State of Bihar involving armed miscreants
obstructing lawful mining activities, accompanied by acts of
violence, robbery, and explicit death threats.
4.1 Further, the record reveals repeated instances of threatening
communications received through international WhatsApp calls
and audio messages, wherein ransom to the tune of Rs. 20-30
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crores has been demanded by persons alleged to be associated
with organized criminal syndicates.
4.2 It is also noteworthy that such threats are not isolated or
speculative in nature. The petitioners have substantiated their
apprehension by placing on record contemporaneous FIRs,
complaints, electronic evidence, and even newspaper reports. The
incident involving an attack on a business associate and the
murder of a businessman in the adjoining region further lend
credence to the seriousness of the threat perception.
5. The continuity, nature, and source of threats indicate a well-
founded apprehension, rather than a mere subjective fear. This
Court further takes note of the fact that the petitioners have
approached various authorities at different levels, local police,
district administration, State authorities, and even Union
functionaries seeking protection. The filing of FIR No. 285/2025 at
Police Station Kotwali, Sri Ganganagar, and representations made
to senior police officials in multiple States, clearly demonstrate
that the competent agencies themselves were made aware of the
threat perception. He also submitted an application to the District
Magistrate, Sri Ganganagar, seeking NOC for conversion of his
vehicle into a bullet-resistant car. The very registration of criminal
cases and receipt of representations supported by digital evidence
prima facie indicate that the existence of threat to the petitioners
has been acknowledged at the agency and governmental level, yet
the response appears to be inadequate.
6. The constitutional mandate under Article 21 of the
Constitution of India not only casts a negative obligation upon the
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State to refrain from arbitrary deprivation of life and liberty, but
also imposes a positive duty to take all necessary steps to
safeguard the same. The statutory framework, including Section
29 of the Rajasthan Police Act, 2007, reinforces this obligation by
explicitly mandating the police machinery to protect life, liberty,
and property of citizens. In circumstances where credible threats
emanate from organized criminal elements, the State cannot
remain a passive spectator and is duty-bound to take proactive
and preventive measures.
7. The record reveals that despite multiple representations
made to the competent authorities, the response has been
inadequate and fall short of the constitutional obligation cast upon
the State. The nature of threats, coupled with the background of
the petitioners and prior incidents involving violence against
persons connected to them, necessitates immediate preventive
measures.
8. Accordingly, the present writ petition is allowed.
9. The respondents are directed to ensure that two separate
armed guards shall be provided, one for petitioner No. 1 and one
for petitioner No. 2, to ensure their personal safety in light of the
prevailing threat perception. The respondents shall periodically
review the threat perception and take appropriate measures, in
accordance with law.
10. At the same time, this Court is conscious of the fact that
deployment of security personnel entails utilization of State
resources. In balancing the rights of the petitioners with
administrative considerations, it is deemed appropriate that while
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necessary protection is extended to the petitioners in view of the
established threat perception, the expenses incurred towards such
security arrangement shall be borne by the petitioners, subject to
applicable rules and determination by the competent authority. In
view of the cumulative circumstances, this Court is satisfied that
the case warrants immediate intervention to ensure that the
fundamental rights of the petitioners are adequately protected.
(FARJAND ALI),J
23-Mamta/-
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