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