[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
Naina Kanwar vs State Of Rajasthan (2026:Rj-Jd:6133) on 3 February, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:6133]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 492/2026
1. Naina Kanwar D/o Pratap Singh, Aged About 28 Years, R/
o Post Padar, Tehsil Revdar, District Sirohi, Rajasthan
2. Vanraj Singh S/o Sohan Singh, Aged About 29 Years, R/o
Kalava Farm, Tehsil Bhatana, District Sirohi, Rajasthan
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Home Affairs, Govt Of Rajasthan, Jaipur.
2. The Superintendent Of Police, Jodhpur, District Sirohi,
Rajasthan
3. The Station House Officer, Police Station Manda, District
Sirohi, Rajasthan
4. Shaitan Singh S/o Jaswant Singh, R/o Post Padar, Tehsil
Revdar, District Sirohi Rajasthan
5. Khushal Singh S/o Pratap Singh, R/o Post Padar Tehsil
Revdar, District Sirohi Rajasthan
6. Umaid Singh S/o Khet Singh, R/o District Sirohi,
Rajasthan
7. Shyam Singh S/o Shaitan Singh, R/o Village Malpura,
Jalore
8. Bharat Singh S/o Shaitan Singh, R/o Village Malpura,
Jalore
9. Ajay Singh S/o Guman Singh, R/o Village Gadiwada,
Balotra
----Respondents
For Petitioner(s) : Mr. Abhimanyu Singh
For Respondent(s) : Mr. Shriram Choudhary, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
03/02/2026
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.
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[2026:RJ-JD:6133] (2 of 3) [CRLW-492/2026]
2. In the circumstances, the writ petition is being considered
and decided on the basis of the averments, grounds and
material placed on record.
3. 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 Udaipur. 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.
4. 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 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.
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[2026:RJ-JD:6133] (3 of 3) [CRLW-492/2026]
5. Accordingly, the writ petition is disposed of with a direction
that the petitioners shall appear before the concerned
Superintendent of Police, 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 concerned Superintendent of Police
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.
6. 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 criminal proceedings, if
any, pending or to be initiated in accordance with law.
7. The Criminal Writ Petition stands disposed of in the aforesaid
terms. Pending applications, if any, also stand disposed of.
(FARJAND ALI),J
225-Samvedana/-
(Uploaded on 04/02/2026 at 11:54:36 AM)
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