Nikita Sain vs State Of Rajasthan (2026:Rj-Jd:9432)
2026 Latest Caselaw 2867 Raj

Rajasthan High Court - Jodhpur

Nikita Sain vs State Of Rajasthan (2026:Rj-Jd:9432) on 20 February, 2026

Author: Farjand Ali

Bench: Farjand Ali

[2026:RJ-JD:9432]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Writ Petition No. 735/2026

1.       Nikita Sain D/o Kailash Chand, Aged About 24 Years, W/o
         Akash Pareek R/o Rasal, Nagaur, District Nagaur
2.       Akash Pareek S/o Munna Lal, Aged About 33 Years, R/o
         Chejaro      Ka    Mohalla,        Kuchaman           City,   Nawa,nagaur,
         Rajasthan.
                                                                       ----Petitioners
                                        Versus
1.       State Of Rajasthan, Through The Secretary,department Of
         Home       Affairs,       Government         Of    Rajasthan,secretariat,
         Jaipur.
2.       The Superintendent Of Police, Deedwana Kuchaman.
3.       The        Sho,       Police       Station         Kuchaman,         District
         Deedwanakuchaman.
4.       Kailash Chand S/o Tansukh, R/o Rasal, Nagaur, District
         Nagaur
                                                                    ----Respondents


For Petitioner(s)              :    Mr. Jawan Singh
For Respondent(s)              :    Mr. Shriram Choudhary, AGA



                HON'BLE MR. JUSTICE FARJAND ALI

Order

20/02/2026

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. As per the pleadings, the petitioners claim to be majors and

of marriageable age and assert that they have solemnized their

(Uploaded on 20/02/2026 at 04:02:26 PM)

[2026:RJ-JD:9432] (2 of 3) [CRLW-735/2026]

marriage on 10.02.2026. 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.

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

calibrate the threat perception and, if the circumstances so

warrant, pass appropriate orders in accordance with law so as to

(Uploaded on 20/02/2026 at 04:02:26 PM)

[2026:RJ-JD:9432] (3 of 3) [CRLW-735/2026]

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 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.

6. Pending applications, if any, also stand disposed of.

(FARJAND ALI),J 36-poojatak/-

(Uploaded on 20/02/2026 at 04:02:26 PM)

Powered by TCPDF (www.tcpdf.org)