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Rajasthan High Court - Jodhpur
Pinu Kanwar vs State Of Rajasthan (2026:Rj-Jd:5856) on 2 February, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:5856]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 450/2026
1. Pinu Kanwar W/o Durga Singh Rawat, Aged About 20
Years, D/o Kishan Singh R/o Kanwarpura, Phagi, Jaipur,
Presently Residing At Sector 14, Kudi Bhagtasani, District
Jodhpur, Rajasthan
2. Durga Singh Rawat S/o Dalla Singh, Aged About 27 Years,
Resident Of Aalela, Bar, District Rajsamand, Presently
Residing At Sector 14, Kudi Bhagtasani, District Jodhpur,
Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Chief Secretary, Ministry Of
Home Affairs, Jaipur Raj.
2. Director General Of Police, Govt. Of Rajasthan Police Head
Quarter, Jaipur.
3. The Deputy Commissioner Of Police, Jaipur, Rajasthan
4. The Superintendent Of Police, Rajsamand, Rajasthan
5. The Superintendent Of Police, Beawar, Rajasthan
6. The Superintendent Of Police, Jodhpur Rural
7. The Station House Officer, Police Station Bar District
Beawar, Rajasthan
8. The Station House Officer, Police Station Phagi District
Jaipur, Rajasthan
9. The Station House Officer, Police Station Kudi Bhagtasani
Jodhpur, Rajasthan
10. Dilip Singh S/o Kishan Singh, R/o Kanwarpura, Phagi,
Jaipur, Rajasthan
11. Kishore Singh S/o Kishan Singh, R/o Kanwarpura, Phagi,
Jaipur, Rajasthan
12. Laxman Singh S/o Kishan Singh, R/o Kanwarpura, Phagi,
Jaipur, Rajasthan
13. Datar Singh S/o Not Known, R/o Sikar District Sikar,
Rajasthan
14. Dashrath Singh S/o Not Knwon, R/o Sikar District Sikar,
Rajasthan
15. Jaypal Singh S/o Not Knwon, R/o Sikar District Sikar,
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Rajasthan
16. Vijay Singh S/o Not Knwon, R/o Sikar District Sikar,
Rajasthan
----Respondents
For Petitioner(s) : Mr. Harshwardhan
For Respondent(s) : Mr. Surendra Bishnoi, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
02/02/2026
1. The present Criminal Writ Petition has been preferred by the
petitioners under Article 226 of the Constitution of India seeking
issuance of appropriate directions to the official respondents for
providing them protection, on the ground that they apprehend
threat to their life and personal liberty at the hands of the private
respondents.
2. As per the pleadings, the petitioners claim to be majors and
of marriageable age and assert that they have solemnized their
marriage on 29.01.2026 at Arya Samaj. It is further stated that
they are residing together as husband and wife and that the
private respondents are opposed to the said marriage and are
allegedly extending threats, giving rise to an apprehension to the
life and personal liberty of the petitioners.
3. Upon perusal of the record, this Court is of the considered
view that the right to life and personal liberty is a fundamental
right guaranteed to every individual under the Constitution, and
the same cannot be compromised under any circumstances. No
person can be deprived of his or her life or personal liberty except
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in accordance with the procedure established by law and
apprehension relating to life and personal liberty, if asserted,
deserves to be examined by the competent authority. The
assessment of threat perception and the necessity of protection
are matters falling within the domain of the police authorities, who
are duty bound to ensure maintenance of law and order and to
prevent any person from taking the law into his or her own hands.
4. Accordingly, the writ petition is allowed with a direction that
the petitioners shall appear before the Superintendent of Police
concerned, within a period of ten days from today and submit a
representation clearly indicating the persons from whom they
apprehend threat or harm. Upon such appearance, the
Superintendent of Police concerned shall afford an opportunity of
hearing to the petitioners and, if deemed necessary, to the
concerned private respondents, examine the grievance, deliberate
over the issue and calibrate the threat perception and, if the
circumstances so warrant, pass appropriate orders in accordance
with law so as to ensure that no harm is caused to the petitioners
by the private respondents by taking law into their own hands.
The concerned Superintendent of Police may co-ordinate with
police authorities of other districts if he deems it necessary.
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, 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
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criminal proceedings, if any, pending or to be initiated in
accordance with law.
6. Pending applications, if any, also stand disposed of.
(FARJAND ALI),J
202-divya/-
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