[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
Aarti vs State Of Rajasthan (2026:Rj-Jd:6543) on 5 February, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:6543]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 462/2026
1. Aarti D/o Mehra Ram Live In Partner Jagdish, Aged About
21 Years, R/o Loharo Ka Bass, Village Olvi, District
Jodhpur At Present Satlana District Jodhpur Raj.
2. Jagdish S/o Khimaram, Aged About 28 Years, R/o Satlana
District Jodhpur Raj.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
Ofhome Affairs, Government Ofrajasthan, Jaipur.
2. The Superintendent Of Police, District Jodhpur Raj Rural
3. The Station House Officer, Police Station Kapeda, District
Jodhpur
4. The Station House Officer, Police Station Mata Ka Than,
Districtjodhpur Raj
5. Mehra Ram S/o Dharma Ram Solanki, R/o Loharo Ka
Bass, Village Olvi, District Jodhpur Raj
6. Seta Ram S/o Mehra Ram, R/o Loharo Ka Bass, Village
Olvi,district Jodhpur Raj
7. Kamla Devi W/o Mehra Ram, R/o Loharo Ka Bass, Village
Olvi,district Jodhpur Raj
8. Jayram S/o Dharma Ram, R/o Loharo Ka Bass, Village
Olvi, Districtjodhpur Raj
9. Dinesh S/o Jayram, R/o Loharo Ka Bass, Village Olvi,
District Jodhpur Raj
10. Likhma Ram S/o Tara Ram, R/o Railway Station Ke
Pichepipar City District Jodhpur Raj
11. Tara Ram S/o Hardev Ram, R/o Railway Station Ke Piche
Piparcity District Jodhpur Raj
12. Mahesh S/o Tara Ram, R/o Railway Station Ke Piche Pipar
Citydistrict Jodhpur Raj
13. Vinod S/o Tara Ram, R/o Railway Station Ke Piche Pipar
Citydistrict Jodhpur Raj
14. Bhiram Ram S/o Ganpat Ram, R/o Railway Station Ke
Piche Piparcity District Jodhpurraj
----Respondents
(Uploaded on 06/02/2026 at 02:30:47 PM)
(Downloaded on 06/02/2026 at 09:54:54 PM)
[2026:RJ-JD:6543] (2 of 4) [CRLW-462/2026]
For Petitioner(s) : Mr. Govind Ram
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.
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 executed an
agreement for live in relationship dated 23.01.2026. It is
further stated that they are residing together as per their
own free will and wish and 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.
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
(Uploaded on 06/02/2026 at 02:30:47 PM)
[2026:RJ-JD:6543] (3 of 4) [CRLW-462/2026]
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.
5. Accordingly, the writ petition is disposed of 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.
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 live in
relationship deed or the genuineness of the documents relied
(Uploaded on 06/02/2026 at 02:30:47 PM)
[2026:RJ-JD:6543] (4 of 4) [CRLW-462/2026]
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
168-Samvedana/-
(Uploaded on 06/02/2026 at 02:30:47 PM)
Powered by TCPDF (www.tcpdf.org)
