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Rajasthan High Court - Jodhpur
Kavita vs State Of Rajasthan (2026:Rj-Jd:9436) on 20 February, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:9436]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 768/2026
1. Kavita D/o Vinod, Aged About 26 Years, R/o Goluwala
District Hanumangarh Rajasthan
2. Dasrath Jat S/o Surender Kumar, Aged About 30 Years, R/
o Dulchasar District Bikaner Rajasthan
----Petitioners
Versus
1. State Of Rajasthan, Through Chief Secretary Ministry Of
Home Affairs Jaipur Rajasthan
2. The Superintendent Of Police, Bikaner Rajasthan
3. The Station House Officer, P.s. Mahajan District Bikaner
Rajasthan
4. Vinod S/o Banwari Burdak, R/o Dabbali Kalla Teh. Tibbi
District Hanumangarh Rajasthan
5. Ugrasen Poonia S/o Inraaj Poonia, R/o Ward No. 4
Goluwala Dist. Hanumangrah Rajasthan
----Respondents
For Petitioner(s) : Mr. Kishan Choudhary
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 are living together in
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live-in-relationship and have exectuted an agreement to this effect
on 14.02.2026. 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
calibrate the threat perception and, if the circumstances so
warrant, pass appropriate orders in accordance with law so as to
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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
40-poojatak/-
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