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Deepika Rathore vs State Of Rajasthan (2026:Rj-Jd:7272)
2026 Latest Caselaw 2117 Raj

Citation : 2026 Latest Caselaw 2117 Raj
Judgement Date : 10 February, 2026

[Cites 1, Cited by 0]

Rajasthan High Court - Jodhpur

Deepika Rathore vs State Of Rajasthan (2026:Rj-Jd:7272) on 10 February, 2026

Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:7272]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Writ Petition No. 595/2026

1.       Deepika Rathore D/o Jaswant Singh, Aged About 22
         Years, R/o 321 Near Post Office Tehsil Beawer Vilage Post
         Rajiyawas Ajmer At Present R/o Janta Colony Kudi
         Bhagtasani District Jodhpur Raj
2.       Hemendra Simgh S/o Shaitan Singh, Aged About 25
         Years, R/o Bheelo Ka Badiya Masuda Tehsil Masduda
         District Beawer
                                                                   ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through Chief Secretary Ministry Of
         Home Affairs Jaipur Raj
2.       The Commissioner Of Police, Police Commissionarate
         Jodhpur
3.       The Superintendent Of Police, Beawer
4.       The    Station    House      Officer,      Of    Police   Station   Kudi
         Bhagtasani Jodhpur
5.       The Station House Officer, Police Station District Beawer
6.       The Station House Officer, Police Station Saket Nagar
         District Beawer
7.       Jaswant Singh S/o Nawal Singh Rathore, R/o 321 Near
         Post Office Tehsil Beawer Vilage Post Rajiyawas Ajmer At
         Present R/o Janta Colony Kudi Bhagtasani District Jodhpur
         Raj
8.       Laxmi Rathore W/o Jaswant Singh, R/o 321 Near Post
         Office Tehsil Beawer Vilage Post Rajiyawas Ajmer At
         Present R/o Janta Colony Kudi Bhagtasani District Jodhpur
         Raj
9.       Ashok Singh, R/o Budadi Beawer
10.      Gopeshwar        Singh    Rathore         S/o     Nawal    Singh,    R/o
         Rajiyawas District Beawer
11.      Kailash Singh Rathore S/o Nawal Singh Rathore, R/o
         Rajiyawas District Beawer
12.      Dilip Singh S/o Nawal Singh Rathpre, R/o Rajiyawas
         District Beawer
13.      Komal Rathore W/o Dilip Singh, R/o Kiranpura Beawer


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 [2026:RJ-JD:7272]                       (2 of 4)                     [CRLW-595/2026]


14.      Shrawan Singh S/o Prem Singh, R/o Akhegarh Beawer
15.      Radha Devi W/o Prem Singh, R/o Akhegarh Beawer
                                                                 ----Respondents


For Petitioner(s)             :    Mr. Manoj Kumar
For Respondent(s)             :    Mr. Shriram Choudhary, AGA



                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 executed an

agreement. 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.

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[2026:RJ-JD:7272] (3 of 4) [CRLW-595/2026]

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

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, 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 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

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[2026:RJ-JD:7272] (4 of 4) [CRLW-595/2026]

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

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 228-Samvedana/-

(Uploaded on 10/02/2026 at 03:29:55 PM)

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