[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Daksha Mali vs State Of Rajasthan (2026:Rj-Jd:9452) on 20 February, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:9452]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 733/2026
Daksha Mali W/o Rupesh Kumar Mali, Aged About 22 Years, D/o
Lakshman Kumar R/o Mali Vaas, Rajgarh, Lunol, Sirohi
----Petitioner
Versus
1. State Of Rajasthan, Through Superintendent Of Police,
Sirohi.
2. Station House Officer, Police Station Revdar, District Sirohi
3. Rupesh Kumar S/o Mansha Ram Mali, Mali Vas, Rajgarh,
Lunol, Sirohi.
4. Seeta Devi W/o Mansha Ram Mali, Mali Vas, Rajgarh,
Lunol, Sirohi.
5. Mansha Ram Mali S/o Unknown, Mali Vas, Rajgarh, Lunol,
Sirohi.
6. Jitendra Alias Jitu S/o Mansha Ram Mali, Mali Vas,
Rajgarh, Lunol, Sirohi.
----Respondents
For Petitioner(s) : Ms. Deepika Purohit
For Respondent(s) : Mr. Surendra Bishnoi, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
20/02/2026
1 The petitioners have preferred this writ petition under
Articles 226 of the Constitution of India for issuance of necessary
directions to the official respondents to provide adequate security
and protection to the petitioners on the ground that they are
facing grave threat of life and liberty at the hands of their family
members and other relatives.
2 Learned counsel for the petitioners submits that Article 21 of
the Constitution of India provides for right to life, limb and
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personal liberty under the ambit of fundamental rights and any
threat to the same amounts to violation of the same. Being the
citizens of independent India, the petitioners have right to reside
with honour and dignity. Therefore, they have sought the
protection from the hands of private respondents and they also
sought direction to respondents to provide them protection.
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 Superintendent of Police,
Sirohi 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
Superintendent of Police, Sirohi 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
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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. Pending applications, if any, also stand disposed of.
(FARJAND ALI),J
34-chhavi/-
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