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Nirma vs State Of Rajasthan (2026:Rj-Jd:6916)
2026 Latest Caselaw 1841 Raj

Citation : 2026 Latest Caselaw 1841 Raj
Judgement Date : 6 February, 2026

[Cites 1, Cited by 0]

Rajasthan High Court - Jodhpur

Nirma vs State Of Rajasthan (2026:Rj-Jd:6916) on 6 February, 2026

Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:6916]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Writ Petition No. 552/2026

1.       Nirma D/o Shri Ladhu Ram, Aged About 26 Years, R/o
         Khara, Tehsil Sanchore, District Jalore.
2.       Disnesh Kumar S/o Shri Mohan Lal, Aged About 25 Years,
         R/o Aakhoda Bhatki, Tehsil Chitalwana, Dist Jalore.
                                                                 ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through The Secretary, Department
         Of Home Affairs, Government Of Rajasthan, Jaipur.
2.       The Superintendent Of Police, Sanchor
3.       The Station House Officer, Ps Sarvana, Dist Sanchor.
4.       Roshan S/o Sujana Ram, R/o Village Sau/ Dhakniyo Ki
         Dhani, Hemaguda, District Jalore.
5.       Ramesh Khilery S/o Sujana Ram, R/o Village Sau/
         Dhakniyo Ki Dhani, Hemaguda, District Jalore.
6.       Sujana Ram S/o Vaga Ram, R/o Village Sau/ Dhakniyo Ki
         Dhani, Hemaguda, District Jalore.
7.       Balwanta Ram S/o Vagaram, R/o Village Sau/ Dhakniyo Ki
         Dhani, Hemaguda, District Jalore.
8.       Ramlal Khilery S/o Ratnaram, R/o Village Sau/ Dhakniyo
         Ki Dhani, Hemaguda, District Jalore.
9.       Ramesh S/o Ramlal, R/o Village Sau/ Dhakniyo Ki Dhani,
         Hemaguda, District Jalore.
10.      Harish S/o Unknown, R/o Village Sau/ Dhakniyo Ki Dhani,
         Hemaguda, District Jalore.
11.      Bharat S/o Balwanta Ram, R/o Village Sau/ Dhakniyo Ki
         Dhani, Hemaguda, District Jalore.
12.      Kailash S/o Balwanta Ram, R/o Village Sau/ Dhakniyo Ki
         Dhani, Hemaguda, District Jalore.
13.      Praveen S/o Chunni Lal, R/o Village Sau/ Dhakniyo Ki
         Dhani, Hemaguda, District Jalore.
14.      Hukma Ram S/o Virdaram, R/o Village Sau/ Dhakniyo Ki
         Dhani, Hemaguda, District Jalore.
15.      Poonma Ram S/o Dev Ji, R/o Village Sau/ Dhakniyo Ki
         Dhani, Hemaguda, District Jalore.
16.      Ganpat S/o Dev Ji, R/o Village Sau/ Dhakniyo Ki Dhani,
         Hemaguda, District Jalore.
17.      Haru S/o Dev Ji, R/o Village Sau/ Dhakniyo Ki Dhani,
         Hemaguda, District Jalore.
18.      Babi S/o Unknown, R/o Village Sau/ Dhakniyo Ki Dhani,
         Hemaguda, District Jalore.
19.      Sangeeta W/o Ramesh, R/o Village Sau/ Dhakniyo Ki
         Dhani, Hemaguda, District Jalore.
20.      Panpu Devi W/o Unknown, R/o Village Sau/ Dhakniyo Ki

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         Dhani, Hemaguda, District Jalore.
21.      Bharat Alias Bhati S/o Balwanta Ram, R/o Village Sau/
         Dhakniyo Ki Dhani, Hemaguda, District Jalore.
22.      Suresh Kumar S/o Poonma Ram Khilery, R/o Sarnau,
         District Sanchore.
23.      Sunil Kumar S/o Raghunath Ram Khilery, R/o Dedwa,
         District Sanchore.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Vijay Raj bishnoi
For Respondent(s)         :     Mr. NS Chandawat, PP



                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. 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 exectuted an agreement to this effect

on 02.02.2026. 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. 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

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[2026:RJ-JD:6916] (3 of 4) [CRLW-552/2026]

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, 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 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

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[2026:RJ-JD:6916] (4 of 4) [CRLW-552/2026]

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 158-chhavi/-

(Uploaded on 07/02/2026 at 01:52:22 PM)

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