[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
Maina Devi vs State Of Rajasthan (2026:Rj-Jd:6434) on 4 February, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:6434]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 507/2026
1. Maina Devi W/o Bhuta Ram, Aged About 25 Years, D/o
Ghewar Ram R/o Sihagon Ki Dhani, Hanuman Nagar,
Finch, Jodhpur Raj..
2. Bhuta Ram S/o Shri Oparam, Aged About 29 Years, Aguni
Dhani, Village Joliyali, Police Station Jhanwar, District
Jodhpur Raj..
3. Ghewar Ram S/o Meera Ram, Aged About 68 Years,
Sihagon Ki Dhani, Hanuman Nagar, Finch, Jodhpur Raj..
4. Tejaram S/o Ghewar Ram, Aged About 33 Years, Sihagon
Ki Dhani, Hanuman Nagar, Finch, Jodhpur Raj..
5. Manish S/o Ghewar Ram, Aged About 30 Years, Sihagon
Ki Dhani, Hanuman Nagar, Finch, Jodhpur Raj..
6. Ashok S/o Ghewar Ram, Aged About 25 Years, Sihagon Ki
Dhani, Hanuman Nagar, Finch, Jodhpur Raj..
7. Mehak Ram S/o Harjiram, Aged About 70 Years, Sihagon
Ki Dhani, Hanuman Nagar, Presently Residing At 3 F 15,
Kudi Bhagtasani Housing Board, Jodhpur.
8. Sunil S/o Mehak Ram, Aged About 35 Years, Sihagon Ki
Dhani, Hanuman Nagar, Presently Residing At 3 F 15,
Kudi Bhagtasani Housing Board, Jodhpur.
9. Bhawani Singh S/o Mehak Ram, Aged About 30 Years,
Sihagon Ki Dhani, Hanuman Nagar, Presently Residing At
3 F 15, Kudi Bhagtasani Housing Board, Jodhpur.
10. Subhash S/o Oparam, Aged About 26 Years, 19. Aguni
Dhani, Village Joliyali, Police Station Jhanwar, District
Jodhpur Raj..
11. Oparam S/o Jalaram, Aged About 57 Years, 19. Aguni
Dhani, Village Joliyali, Police Station Jhanwar, District
Jodhpur Raj..
12. Rampratap S/o Kherajram, Aged About 60 Years, 19.
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Aguni Dhani, Village Joliyali, Police Station Jhanwar,
District Jodhpur Raj..
13. Shriram S/o Kherajram, Aged About 66 Years, 19. Aguni
Dhani, Village Joliyali, Police Station Jhanwar, District
Jodhpur Raj..
14. Bhajan Lal S/o Mohanram, Aged About 37 Years, 19.
Aguni Dhani, Village Joliyali, Police Station Jhanwar,
District Jodhpur Raj..
15. Birbal Ram S/o Manglaram, Aged About 53 Years, 19.
Aguni Dhani, Village Joliyali, Police Station Jhanwar,
District Jodhpur Raj..
16. Suresh S/o Mangilal, Aged About 29 Years, 19. Aguni
Dhani, Village Joliyali, Police Station Jhanwar, District
Jodhpur Raj..
17. Farsaram S/o Shriram, Aged About 29 Years, 19. Aguni
Dhani, Village Joliyali, Police Station Jhanwar, District
Jodhpur Raj..
18. Anil S/o Birbal Ram, Aged About 28 Years, 19. Aguni
Dhani, Village Joliyali, Police Station Jhanwar, District
Jodhpur Raj..
19. Pukharam S/o Mangilal, Aged About 42 Years, 19. Aguni
Dhani, Village Joliyali, Police Station Jhanwar, District
Jodhpur Raj..
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary Home Department
Goverment Of Rajasthan Secretatiat Jaipur
2. The Inspector General Of Police, Jodhpur Range
3. The Commissioner Of Police, Jodhpur Jodhpur
Commissionrate
4. The Station House Officer, Police Station Jhanwar Jodhpur
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City West
5. The Station House Officer, P.s.luni Jodhpur City West
6. Sohan S/o Kishnaram, R/o Hamir Nagar, Police Station
Luni Jodhpur City West, Raj..
7. Bhagirath S/o Mangilal, R/o Hamir Nagar, Police Station
Luni Jodhpur City West, Raj..
8. Bhanwarlal S/o Mangilal, R/o Hamir Nagar, Police Station
Luni Jodhpur City West, Raj..
9. Sharwan S/o Hadmanram, R/o Hamir Nagar, Police
Station Luni Jodhpur City West, Raj..
10. Ashok S/o Devaram, R/o Hamir Nagar, Police Station Luni
Jodhpur City West, Raj..
11. Dinesh S/o Devaram, R/o Hamir Nagar, Police Station Luni
Jodhpur City West, Raj..
12. Dinesh S/o Bhagirath, R/o Hamir Nagar, Police Station
Luni Jodhpur City West, Raj..
13. Mahendra S/o Bhagirath, R/o Hamir Nagar, Police Station
Luni Jodhpur City West, Raj..
14. Dinesh S/o Hadmanram, R/o Hamir Nagar, Police Station
Luni Jodhpur City West, Raj..
15. Govind S/o Hadmanram, R/o Hamir Nagar, Police Station
Luni Jodhpur City West, Raj..
16. Mahkaram S/o Thanaram, R/o Hamir Nagar, Police Station
Luni Jodhpur City West, Raj..
17. Rakesh S/o Pokarram, R/o Hamir Nagar, Police Station
Luni Jodhpur City West, Raj..
18. Suresh S/o Ghewar Ram, R/o Hamir Nagar, Police Station
Luni Jodhpur City West, Raj..
19. Hadmanram S/o Khiyaram, R/o Hamir Nagar, Police
Station Luni Jodhpur City West, Raj..
20. Anil S/o Kishnaram, R/o Hamir Nagar, Police Station Luni
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Jodhpur City West, Raj..
21. Sahiram S/o Sukharam, Goliya Magra, Police Station Luni
Jodhpur City West, Raj..
22. Farsaram S/o Sukharam, Goliya Magra, Police Station
Luni Jodhpur City West, Raj..
23. Vikash S/o Papparam, Goliya Magra, Police Station Luni
Jodhpur City West, Raj..
24. Mahipal S/o Papparam, Goliya Magra, Police Station Luni
Jodhpur City West, Raj..
----Respondents
For Petitioner(s) : Mr. Birbal Ram
For Respondent(s) : Mr. SR Choudhary, PP
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 No.1 and 2 claim to be
majors and of marriageable age and assert that they have
solemnized their marriage on 22.11.2025 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
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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
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 Commissioner of Police,
Jodhpur 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
Commissioner of Police, Jodhpur 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.
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The concerned Commissioiner 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
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
161-divya/-
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