Citation : 2026 Latest Caselaw 2069 Raj
Judgement Date : 10 February, 2026
[2026:RJ-JD:7274]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 597/2026
1. Suthar Ravina Kumari Yashwant W/o Jetharam Banshilal,
Aged About 25 Years, D/o Yashwant T Suthar R/o 405 4Th
Floor, Umangvilla, Sama Bus Stand, Vadorar, Gujarat At
Present House No. 11Uparala Vas Miyon Ka Bada Vill-
Miyon Ka Bada The. Samdari Distrit Barmer Raj
2. Jetharam Bansilal Suthar S/o Bansil Lal Suthar, Aged
About 27 Years, R/o C-34, Navrang Society, B/h
Randaldham Temple, New Sama,vemali, Vadodara Eme,
Gujarat At Present House No. 11 Uparalavas Miyon Ka
Bada Vill- Miyon Ka Bada The. Samdari Distri Barmer Raj
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Homeaffairs, Government Of Rajasthan, Jaipur.
2. The Superintendent Of Police, Balotra Raj
3. The Inspector General Of Police, District Jodhpur Raj.
4. The Commissioner Of Police, District Jodhpur Raj.
5. The Station House Officer, Police Station Samdari, District
Balorta.
6. The Station House Officer, Police Station Vadorar Gujarat
7. Sunder Lal S/o Ramkishan, R/o Near Nutun School, New
Shamaroad, Vadorar At Present Village Panodiya Maja
District Rajsamand
8. Chetan S/o Dinesh Suthar Nathuvas, Nathdwara R/o 405
Umang Villa New Shama Road,vadorar At Present Village
Panodiya Maja District Rajsamand
9. Yaswant S/o Takurchand, R/o 405 Umang Villa New
Shama Road,vadorar At Present Village Panodiya Maja
District Rajsamand
10. Lalit S/o Bansi Lal Suthar, R/o Didoli Surat,
11. Rajesh Sharma, R/o Village Khatikhera Udaipur
Pushptentament Society, New Shama Road, Vadorar
12. Shyam Lal Suthar, R/o Village Thamla Udaipur Dharti
Tentamentsociety New Shama Road, Vadorar
----Respondents
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[2026:RJ-JD:7274] (2 of 4) [CRLW-597/2026]
For Petitioner(s) : Mr. Govind Ram
For Respondent(s) : Mr. SS Rathore, Dy.G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order
10/02/2026
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 09.04.2024 at Vadodara. 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
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[2026:RJ-JD:7274] (3 of 4) [CRLW-597/2026]
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 concerned
Superintendent of Police/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
concerned Superintendent of Police/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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[2026:RJ-JD:7274] (4 of 4) [CRLW-597/2026]
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
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 230-Samvedana/-
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