[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
Kiran Saini vs State Of Rajasthan (2026:Rj-Jd:6908) on 6 February, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:6908]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 557/2026
1. Kiran Saini W/o Sachin, Aged About 22 Years, D/o
Shubhkaran Saini, Resident Of Ward No 25, Goga Medi Ke
Pass, Vtc Ramgarh Rural Po Ramgarh Shekhawati, Sub
District Fatehpur, District Sikar At Present Residing At
Kudi Bhagtasani Jodhpur Rajasthan
2. Sachin S/o Ashok Kumar, Aged About 22 Years, Resident
Of Dewas, Po Dewas , Dist Sikar At Present Residing At
Kudi Bhagtasani Jodhpur
----Petitioners
Versus
1. State Of Rajasthan, Through Chief Secretary, Ministry Of
Home Affairs, Jaipur Raj.
2. Director General Of Police, Govt. Of Rajasthan Police Head
Quarter, Jaipur Raj.
3. The Commissioner Of Police, Jodhpur, Rajasthan
4. The Commissioner Of Police, Jaipur Rural, Rajasthan
5. The Superintendent Of Police, Jodhpur, Rajasthan
6. The Superintendent Of Police, Sikar, Rajasthan
7. The Station House Officer, Police Station Kudi Bhagtasani,
Jodhpur, Rajasthan.
8. The Station House Officer, Police Station Ramgarh
Shekhawati, Sikar, Rajasthan.
9. Shubhkaran Saini S/o Girdhari Lal Saini, Resident Of Ward
No 25 Goga Medi Ke Pass, Ramgarh Shekhawati ,sikar.
10. Sulochana Devi W/o Shubhkaran Saini, Resident Of Ward
No 25 Goga Medi Ke Pass, Ramgarh Shekhawati ,sikar.
11. Lalit Saini S/o Shubhkaran Saini, Resident Of Ward No 25
Goga Medi Ke Pass, Ramgarh Shekhawati ,sikar
12. Heera Lal Saini S/o Shubhkaran Saini, Resident Of Ward
No 25 Goga Medi Ke Pass, Ramgarh Shekhawati ,sikar.
13. Ashok Kumar S/o Unknown, Resident Of Dewas, Sikar
(Father Of Petitioner No. 2)
----Respondents
(Uploaded on 07/02/2026 at 02:36:07 PM)
(Downloaded on 09/02/2026 at 08:40:17 PM)
[2026:RJ-JD:6908] (2 of 4) [CRLW-557/2026]
For Petitioner(s) : Mr. Harsh
For Respondent(s) : Mr. Shriram Choudhary, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
06/02/2026
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 solemnized
their marriage on 03.03.2026 at Jaipur. 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
(Uploaded on 07/02/2026 at 02:36:07 PM)
[2026:RJ-JD:6908] (3 of 4) [CRLW-557/2026]
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
(Uploaded on 07/02/2026 at 02:36:07 PM)
[2026:RJ-JD:6908] (4 of 4) [CRLW-557/2026]
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
162-Samvedana/-
(Uploaded on 07/02/2026 at 02:36:07 PM)
Powered by TCPDF (www.tcpdf.org)
