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Rajasthan High Court - Jodhpur
Sangdiya Payal vs State Of Rajasthan (2026:Rj-Jd:8246) on 13 February, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:8246]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 663/2026
1. Sangdiya Payal D/o Shri Gobarbhai, Aged About 20 Years,
R/o Ranjitsinh Bapu Ni Pati, Limbada, Districtbhavnagar,
Gujrat At Present R/o Mahadevmandir Ke Pass, Digaon,
District Jalore
2. Shravan Kumar S/o Shri Ramesh Kumar, Aged About 22
Years, R/o Mahadev Mandir Ke Pass, Digaon,district Jalore
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Home, Government Of Rajasthan,jaipur.
2. The Superintendent Of Police, Jalore.
3. The Sho, Police Station, Jalore
4. The Superintendent Of Police, Surat
5. The Sho, Police Station, Punagam, Surat.
6. Shri Gobarbhai S/o Popat Bhai, R/o Ranjitsinh Bapu Ni
Pati, Limbada, District Bhavnagar, Gujratat Present
Sitanagar Sobdi Budh Bhavani Road,anjani Sociaty, Surat,
Gujrat
7. Shri Bala Bhai S/o Popat Bhai, R/o Ranjitsinhbapu Ni Pati,
Limbada, District Bhavnagar, Gujratat Present Sitanagar
Sobdi Budh Bhavani Road,anjani Sociaty, Surat, Gujrat
8. Shri Milan S/o Bala Bhai, R/o Ranjitsinh Bapuni Pati,
Limbada, District Bhavnagar, Gujrat
9. Shri Mith S/o Shri Gobarbhai, R/o Ranjitsinhbapu Ni Pati,
Limbada, District Bhavnagar, Gujrat
10. Shri Jiga Bhai S/o Kalu Bhai, R/o Ranjitsinhbapu Ni Pati,
Limbada, District Bhavnagar, Gujrat
11. Shri Lala Bhai S/o Kalu Bhai, Son Of Kalu Bhai R/o
Ranjitsinhbapu Ni Pati, Limbada, District Bhavnagar,
Gujrat
12. Vishal Bhai S/o Shri Suresh Bhai,, R/o Ahmedabad At
Present Sitanagar Sobdi Budhbhavani Road, Anjani
Sociaty, Surat, Gujra
13. Shri Sanjay S/o Vish Bhai, R/o Village Rathi,district
Bhavnagar, At Present Sitanagar Sobdibudh Bhavani
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Road, Anjani Sociaty, Surat, Gujrat
14. Shri Hitesh S/o Vish Bhai, R/o Village Rathi,district
Bhavnagar, At Present Sitanagar Sobdibudh Bhavani
Road, Anjani Sociaty, Surat, Gujrat
15. Shri Lala S/o Bhola Bhai, R/o Ranjitsinh Bapuni Pati,
Limbada, District Bhavnagar, Gujrat
16. Shri Gopal S/o Bhola Bhai, Bhola Bhai R/o Ranjitsinh
Bapuni Pati, Limbada, District Bhavnagar, Gujra
17. Shri Sava S/o Bhola Bhai, R/o Ranjitsinh Bapuni Pati,
Limbada, District Bhavnagar, Gujrat
18. Shri Bharat S/o Bhola Bhai, R/o Ranjitsinhbapu Ni Pati,
Limbada, District Bhavnagar, Gujrat
19. Shri Raju Bhai S/o Kasin Bhai, R/o Ranjitsinhbapu Ni Pati,
Limbada, District Bhavnagar, Gujrat
20. Shri Kalu Bhai S/o Kasin Bhai, R/o Ranjitsinhbapu Ni Pati,
Limbada, District Bhavnagar, Gujrat
21. Shri Arjun S/o Kana Bhai, R/o Village Sochra,district
Bhavnagar, At Present Vadodra, Gujra
22. Shri Abhi S/o Unknown, R/o Village Sihore,district
Bhavnagar, Gujrat
----Respondents
For Petitioner(s) : Mr. Rakesh Gupta
For Respondent(s) : Mr. Shreeram Choudhary, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
13/02/2026
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.
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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 06.02.2026. 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
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
Commissioner/Superintendent of Police concerned 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/Superintendent of
Police concerned 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
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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
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
189-poojatak/-
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