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Rajasthan High Court - Jodhpur
Pratibha Bharia vs State Of Rajasthan (2026:Rj-Jd:9435) on 20 February, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:9435]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 764/2026
1. Pratibha Bharia W/o Sachin Kumar, Aged About 19 Years,
D/o Moti Ram Resident Of Pandasi, District Jhunjhunu,
Presently Residing At Sector 14, Kudi Bhagatsani, District
Jodhpur, Rajasthan
2. Sachin Kumar S/o Pokarmal, Aged About 22 Years,
Resident Of Pandasi District Jhunjhunu Presently Residing
At Sector 14, Kudi Bhagatsani, District Jodhpur Rajasthan
----Petitioners
Versus
1. State Of Rajasthan, Through Chief Secretary Minstry Of
Home Affairs Jaipur Rajasthan
2. Director General Of Police, Govt. Of Rajasthan Police Head
Quarter Jaipur Rajasthan
3. The Commissioner Of Police, Jaipur Rajasthan
4. The Superintendent Of Police, Jhunjhunu
5. The Station House Officer, Police Station Kudi Bhagatsani
Jodhpur Rajasthan
6. The Station House Officer, Police Station Malsisar
Jhunjhunu
7. Pokar Mal S/o Unknown, Resident Of Pandasi District
Jhunjhunu
8. Santra Devi W/o Poker Mal, Resident Of Pandasi District
Jhunjhunu
9. Moti Ram S/o Unknown, Resident Of Pandasi District
Jhunjhunu
10. Saroj Devi W/o Moti Ram, Resident Of Pandasi District
Jhunjhunu
----Respondents
For Petitioner(s) : Mr. Harshvardhan Singh
For Respondent(s) : Mr. Shriram Choudhary, AGA
HON'BLE MR. JUSTICE FARJAND ALI
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[2026:RJ-JD:9435] (2 of 3) [CRLW-764/2026]
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
marriage on 18.02.2026 at Arya Samaj. 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
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[2026:RJ-JD:9435] (3 of 3) [CRLW-764/2026]
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
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
39-poojatak/-
(Uploaded on 20/02/2026 at 04:04:52 PM)
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