Citation : 2026 Latest Caselaw 1773 Raj
Judgement Date : 5 February, 2026
[2026:RJ-JD:6544]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 491/2026
1. Riddhi Gehlot D/o Dinesh Kumar, Aged About 18 Years,
W/o Rajkumar Chouhan Resident Of Mandla, Bader Ke
Samne Vala Mohalla, Mandla, District Pali, At Present
Resident Of 143, Purohito Ka Bas, Mandla, District Pali,
Rajasthan.
2. Rajkumar Chouhan S/o Omprakash Chouhan, Aged About
32 Years, Resident Of 143, Purohito Ka Bas, Mandla,
District Pali, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. The Superintendent Of Police, District Pali, Rajasthan.
3. Sub House Officer (Sho), Police Station Sojat City, District
Pali, Rajasthan.
4. Rameshchandra S/o Basti Ram, Resident Of Mandla Sojat
City, District Pali, Rajasthan.
5. Mangalchand S/o Basti Ram, Resident Of Mandla Sojat
City, District Pali, Rajasthan
6. Uttamchand, Resident Of Mandla Sojat City, District Pali,
Rajasthan.
7. Maheshchandra S/o Mangalchandra, Resident Of Mandla
Sojat City, District Pali, Rajasthan.
8. Sharwan Kumar S/o Mangalchandra, Resident Of Mandla
Sojat City, District Pali, Rajasthan.
9. Indramal S/o Tulsiram, Resident Of Mandla Sojat City,
District Pali, Rajasthan.
10. Gavri Devi W/o Rameshchandra, Resident Of Mandla
Sojat City, District Pali, Rajasthan.
11. Taruna D/o Rameshchandra, Resident Of Mandla Sojat
City, District Pali, Rajasthan.
12. Mohanlal S/o Kaluram, Resident Of Mandla Sojat City,
District Pali, Rajasthan.
13. Kailashchandra S/o Pukhraj Prajapat, Resident Of Mandla
Sojat City, District Pali, Rajasthan
14. Chainaram S/o Gayadram Devasi, Resident Of Mandla
Sojat City, District Pali, Rajasthan.
15. Bhagwati Devi S/o Uttamchand, Resident Of Mandla Sojat
City, District Pali, Rajasthan.
16. Ramu, Resident Of Mandla Sojat City, District Pali,
Rajasthan.
17. Deepak, Resident Of Mandla Sojat City, District Pali,
Rajasthan.
18. Ganpati Devi Wife, Resident Of Mandla Sojat City, District
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[2026:RJ-JD:6544] (2 of 4) [CRLW-491/2026]
Pali, Rajasthan At Present Navsari, Gujrat.
19. Sunil, Resident Of Mandla Sojat City, District Pali,
Rajasthan At Present Navsari, Gujrat.
20. Dileep, Resident Of Mandla Sojat City, District Pali,
Rajasthan At Present Navsari, Gujrat.
21. Dhakaram Sen, Resident Of Village Bijapur, Sojat City,
District Pali.
22. Jodharam Sen, Resident Of Village Bijapur, Sojat City,
District Pali.
23. Kanaram Sen, Resident Of Village Bijapur, Sojat City,
District Pali.
24. Babulal Sen, Resident Of Village Bijapur, Sojat City,
District Pali.
25. Babulal Sen, Resident Of Village Bijapur, Sojat City,
District Pali.
26. Om Sen, Resident Of Village Bijapur, Sojat City, District
Pali.
27. Purushottam Sen, Resident Of Sojat Road, Sojat City,
District Pali.
28. Arjun Devda, Resident Of Bhat Gam, Gandhi Road,
Ahemedabad.
29. Sunita Patel, Resident Of Srinagar Society, Navsari,
Gujrat.
30. Padma, Resident Of Chandawal, Sojat City District Pali.
----Respondents
For Petitioner(s) : Mr. Shyam Paliwal
For Respondent(s) : Mr. Shriram Choudhary, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
05/02/2026
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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2. As per the pleadings, the petitioners claim to be majors and
of marriageable age and assert that they have solemnized
their marriage on 11.01.2026 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 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 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
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[2026:RJ-JD:6544] (4 of 4) [CRLW-491/2026]
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.
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 169-Samvedana/-
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