[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Prema Ram Choudhary vs State Of Rajasthan (2026:Rj-Jd:5972) on 2 February, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:5972]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 447/2026
Prema Ram Choudhary S/o Bhiya Ram Choudhary, Aged About
40 Years, R/o Saran Nagar A Road Ward No 57 Jodhpur
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Department
Of Home Affairs Government Of Rajasthan Secretariat
Jaipur
2. The Superintendent Of Police, Beawar
3. The S H O, Police Station Anandpur Kalu Tehsil Jaitaran
District Beawar
4. Anda Ram S/o Gokal Ram, R/o Nimbol Police Station
Anandpur Kalu Tehsil Jaitaran District Beawar
5. Santosh Devi D/o Babu Ram, R/o Nimbol Police Station
Anandpur Kalu Tehsil Jaitaran District Beawar
6. Sukha Devi D/o Babu Ram, Nimbol Police Station
Anandpur Kalu Tehsil Jaitaran District Beawar
7. Sajan Ram S/o Babu Ram, R/o Nimbol Police Station
Anandpur Kalu Tehsil Jaitaran District Beawar
8. Ashok S/o Chhotu Ram, R/o Nimbol Police Station
Anandpur Kalu Tehsil Jaitaran District Beawar
9. Indra W/o Chhotu Ram, R/o Nimbol Police Station
Anandpur Kalu Tehsil Jaitaran District Beawar
10. Om Prakash S/o Babau Ram, R/o Nimbol Police Station
Anandpur Kalu Tehsil Jaitaran District Beawar
11. Gandhi S/o Chhotu Ram, R/o Nimbol Police Station
Anandpur Kalu Tehsil Jaitaran District Beawar
12. Janki Spouse/o Babu Ram, Nimbol Police Station
Anandpur Kalu Tehsil Jaitaran District Beawar
13. Bhakar Ram S/o Gokal Ram, R/o Nimbol Police Station
Anandpur Kalu Tehsil Jaitaran District Beawar
14. Ramniwas S/o Chhotu Ram, R/o Nimbol Police Station
Anandpur Kalu Tehsil Jaitaran District Beawar
15. Shyam Lall S/o Babu Ram, R/o Nimbol Police Station
Anandpur Kalu Tehsil Jaitaran District Beawar
16. Raju Ram S/o Anda Ram, R/o Nimbol Police Station
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[2026:RJ-JD:5972] (2 of 4) [CRLW-447/2026]
Anandpur Kalu Tehsil Jaitaran District Beawar
17. Dhara Ram S/o Anda Ram, R/o Nimbol Police Station
Anandpur Kalu Tehsil Jaitaran District Beawar
----Respondents
For Petitioner(s) : Mr. Bhagat Dadhich
For Respondent(s) : Mr. N.S. Chandawat, DyGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
02/02/2026
1. Heard learned counsel for the petitioner and learned Public
Prosecutor appearing on behalf of the State.
2. The present writ petition has been filed under Article 226 of
the Constitution of India seeking police protection on the ground
that the petitioner apprehends serious threat to his life and
personal liberty at the hands of the private respondents.
3. It is averred that the petitioner is lawfully carrying out his
activities pursuant to a mining lease and that disputes have arisen
with the private respondents, who are allegedly interfering with
the petitioner's work and have been continuously extending
threats of physical harm. It is further pleaded that despite
approaching the police authorities, no effective protection has
been provided, compelling the petitioner to invoke the
extraordinary jurisdiction of this Court.
4. Learned Public Prosecutor submits that the police authorities
shall act strictly in accordance with law and shall take appropriate
steps if any complaint is made by the petitioner.
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5. This Court is conscious of the limited scope of the present
proceedings. The issue before this Court is confined to the
protection of life and personal liberty of the petitioner as
guaranteed under Article 21 of the Constitution of India. The Court
is not entering into, nor expressing any opinion upon, the civil
disputes, questions of possession, mining rights, encroachment, or
any other inter se disputes between the parties, which are matters
to be adjudicated by the competent forum in accordance with law.
6. It is well settled that the right to life and personal liberty is
paramount and the State has a constitutional obligation to ensure
that no person is deprived of such right, save in accordance with
law. Whenever a citizen brings to the notice of the authorities a
credible apprehension to his life or liberty, the police authorities
are duty bound to assess the threat perception and take
appropriate steps in accordance with law.
7. In view of the facts and circumstances of the case, and
without entering into the merits of the disputes between the
parties, this Court deems it appropriate to dispose of the writ
petition with suitable directions.
8. Accordingly, the writ petition is disposed of with the following
directions:
1.The Superintendent of Police concerned shall consider the
grievance of the petitioner and ensure that an assessment of
threat perception is carried out expeditiously.
2.If, upon such assessment, it is found that there exists any
threat to the life or personal liberty of the petitioner,
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[2026:RJ-JD:5972] (4 of 4) [CRLW-447/2026]
appropriate police protection shall be extended to him strictly
in accordance with law.
3.The Station House Officer concerned shall ensure that any
representation or complaint made by the petitioner alleging
threat or intimidation is duly enquired into and appropriate
action is taken in accordance with law.
4.It is clarified that this order shall not be construed as
granting any protection for carrying out any activity in
violation of law, nor shall it be treated as an adjudication of
any civil or criminal dispute between the parties.
5.It is further clarified that the private respondents shall not
take the law into their own hands and, if they have any
grievance, they shall be at liberty to seek appropriate
remedy before the competent forum in accordance with law.
(FARJAND ALI),J
200-Pramod/-
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