[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
Khushbu Kumawat vs State Of Rajasthan (2026:Rj-Jd:6436) on 4 February, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:6436]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 518/2026
1. Khushbu Kumawat D/o Sh Prahlad Ram, Aged About 20
Years, R/o 01, Talab Gali, Village Hapat, Reprawas, Tehsil
Sojat, , District Pali, Rajasthan.
2. Kishna Ram S/o Sh Bhanwar Lal, Aged About 30 Years, R/
o Near Temple,village Hapat, Reprawas, Tehsil Sojat,
District Pali, Rajasthan
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Home Affairs, Govt. Of Rajasthan, Jaipur.
2. The Superintendentof Police, Pali, District Rajsamand
Rajasthan
3. The Station House Officer, Police Station Shivpura, District
Pali, Rajasthan.
4. Ajju Ram S/o Ganpat Ram, R/o Village Khariya Mithapur,
Tehsil Jaitaran, District Beawar, Rajasthan
5. Kishan S/o Ganpat Ram, R/o Village Khariya Mithapur,
Tehsil Jaitaran, District Beawar, Rajasthan
6. Munna Ram S/o Sh Surja Ram, R/o Village Hapat,
Reprawas, Tehsil Sojat, District Pali, Rajasthan.
7. Hari Ram S/o Sh Surja Ram, R/o Village Hapat,
Reprawas, Tehsil Sojat, District Pali, Rajasthan.
8. Hari Ram S/o Sh Mula Ram, R/o Village Hapat, Reprawas,
Tehsil Sojat, District Pali, Rajasthan.
9. Prahlad Ram S/o Sh Mula Ram, R/o Village Hapat,
Reprawas, Tehsil Sojat, District Pali, Rajasthan.
10. Mangla Ram S/o Gumana Ram, R/o Village Hapat,
Reprawas, Tehsil Sojat, District Pali, Rajasthan.
11. Deva Ram S/o Gumana Ram, R/o Village Hapat,
Reprawas, Tehsil Sojat, District Pali, Rajasthan.
----Respondents
For Petitioner(s) : Mr. BS Rathore
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[2026:RJ-JD:6436] (2 of 4) [CRLW-518/2026]
For Respondent(s) : Mr. SR Choudhary, PP
Ms. Deepika Soni
HON'BLE MR. JUSTICE FARJAND ALI
Order
04/02/2026
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 are living together in
live-in-relationship and have executed an agreement to this effect
on 30.01.2026. It is further stated that the private respondents
are opposed to the said relationship and are allegedly extending
threats, giving rise to an apprehension to the life and personal
liberty of the petitioners.
3. Learned counsel appearing for the private respondents opposes
the prayer made in the petition.
4. It is brought to the notice of this Court that the respondents
have filed a habeas corpus petition bearing D.B. Habeas Corpus
Petition No.61/2026, wherein the learned Additional Advocate
General sought time to produce the corpus before the Hon'ble
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Division Bench. It is observed that the directions issued by the
Hon'ble Division Bench in the said proceedings shall be followed
strictly. At the same time, it shall be ensured that no harm is
caused either to the corpus or to the petitioner by any individual
by taking the law into his or her own hands, and that the matter is
dealt with strictly in accordance with law through the competent
agency, following the procedure established by law.
5. 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.
6. Accordingly, the writ petition is allowed 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
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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.
7. 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 live-in-relationship agreement
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.
8. Pending applications, if any, also stand disposed of.
(FARJAND ALI),J
169-divya/-
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