Citation : 2026 Latest Caselaw 2728 Raj
Judgement Date : 18 February, 2026
[2026:RJ-JD:8927]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 715/2026
1. Suman D/o Kaka Singh, Aged About 21 Years, Ward No
35 New, Suratgarh Tehsil And District Sriganganagar Raj
2. Sahil S/o Subhash, Aged About 19 Years, 3 Jj, Po 4 Jj,
Tehsil And District Sriganaganagar Raj
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Minstry Of
Home Affairs, Jaipur, Raj.
2. Superintendent Of Police, Sriganganagar Through
Government Advocate, Rajasthan High Court, Jodhpur
3. Station House Officer, Police Station Suratgarh, District
Sriganganagar, Raj
4. Kaka Singh S/o Dyal Singh, Ward No 35 New, Suratgarh,
Teshil And District Sriganganagar Raj
5. Rajendra Singh S/o Kaka Singh, Ward No. 35 New,
Suratgarh, Teshil And District Sriganganagar Raj
6. Vijay Singh S/o Billu Singh, Ward No. 35 New, Suratgarh,
Teshil And District Sriganganagar Raj.
7. Jangir Singh S/o Ruliya Singh, Ward No. 35 New,
Suratgarh, Teshil And District Sriganganagar Raj.
8. Kashmir Singh S/o Ruliya Singh, Ward No. 35 New,
Suratgarh, Teshil And District Sriganganagar Raj.
9. Rakesh, Ward No. 35 New, Suratgarh, Teshil And District
Sriganganagar Raj.
----Respondents
For Petitioner(s) : Mr. Himmat Jagga
For Respondent(s) : Mr. N.S. Chandawat, Dy. G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order
18/02/2026
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
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[2026:RJ-JD:8927] (2 of 3) [CRLW-715/2026]
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 13.02.2026. 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
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[2026:RJ-JD:8927] (3 of 3) [CRLW-715/2026]
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
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 197-poojatak/-
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