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Rajasthan High Court - Jodhpur
Anisha vs State Of Rajasthan (2026:Rj-Jd:9869) on 23 February, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:9869]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 805/2026
1. Anisha D/o Suman Khan, Aged About 26 Years, Rsident
Of Juneja Mehron Ki Basti District Barmer Raj
2. Barkat Khan S/o Shri Ameen Khan, Aged About 27 Years,
Resident Of Sodhaniyon Kee Dhani Musalmano Ki Dhani
Bandra District Barmer Raj.
----Petitioners
Versus
1. State Of Rajasthan, Through Chief Secretary Minister Of
Homes Affairs Jaipur Raj.
2. Director General Of Police, Govt. Of Rajasthan Police Head
Quarter, Jaipur Raj.
3. The Superintendent Of Police, Barmer District Barmer
4. The Station House Officer, Barmer Distrcit Barmer
5. Bamrakharn Junja S/o Jama Khan, Resident Of Village
Bhadkha Police Station Barmer Gramin District Barmer
6. Barkat Khan S/o Bamra Khan, Resident Of Village
Bhadkha Police Station Barmer Gramin District Barmer.
7. Saddam Khan S/o Bamra Khan, Resident Of Village
Bhadkha Police Station Barmer Gramin District Barmer
8. Yamru Khan S/o Ramthan Khan, Resident Of Village
Bhadkha Police Station Barmer Gramin District Barmer
9. Ramjan Khan S/o Jama Khan, Resident Of Village
Bhadkha Police Station Barmer Gramin District Barmer
10. Talab Khan S/o Khevre Khan, Resident Of Village Bhadkha
Police Station Barmer Gramin District Barmer
11. Kunda Khan S/o Talab Khan, Resident Of Village Bhadkha
Police Station Barmer Gramin District Barmer
12. Jakub Khan S/o Talab Khan, Resident Of Village Bhadkha
Police Station Barmer Gramin District Barmer
13. Lakhana Khan S/o Jiya Khan, Resident Of Village Bhadkha
Police Station Barmer Gramin District Barmer
14. Latif Khan S/o Bilal Khan, Resident Of Village Bhadkha
Police Station Barmer Gramin District Barmer
15. Ummed Khan S/o Soman Khan, Resident Of Village
Bhadkha Police Station Barmer Gramin District Barmer
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[2026:RJ-JD:9869] (2 of 4) [CRLW-805/2026]
16. Thaku Khan S/o Oman Khan, Resident Of Village Bhadkha
Police Station Barmer Gramin District Barmer
17. Mix Bai D/o Gafur Khan, Resident Of Village Bhadkha
Police Station Barmer Gramin District Barmer
18. Shayar Khan Juneja S/o Sumar Khan, Resident Of Village
Falsund District Jaisalmer
19. Barkat Khan Juneja S/o Sumar Khan, Resident Of Village
Falsund District Jaisalmer
20. Jyosh Mohhmad Juneja S/o Sumar Khan, Resident Of
Village Falsund District Jaisalmer
21. Sikandar Khan Juneja S/o Sumar Khan, Resident Of
Village Falsund District Jaisalmer
22. Alias Khan Juneja S/o Sumar Khan, Resident Of
Padampura Falsund District Jaisalmer
23. Sabir Khan Juneja S/o Sumar Khan, Resident Of
Padampura Falsund District Jaisalmer
24. Bhuta Khan Juneja S/o Ameen Khan, Resident Of Village
Bada Police Station Naganay District Barmer
25. Khamisa Khan Juneja S/o Ameen Khan, Resident Of
Village Bada Police Station Naganay District Barmer
26. Saradin Khan Juneja S/o Dhakal Khan, Resident Of Village
Bada Police Station Naganay District Barmer
27. Shokat Ali Juneja S/o Ameen Khan, Resident Of Village
Bada Police Station Naganay District Barmer
28. Ghasam Khan Juneja S/o Dhakal Khan, Resident Of
Village Bada Police Station Naganay District Barmer
29. Gaji Khan Mehar S/o Dhakal Khan, Resident Of Village
Bada Police Station Naganay District Barmer
----Respondents
For Petitioner(s) : Mr. Krishna Pal Rathore
For Respondent(s) : Mr. Shriram Choudhary, AGA
HON'BLE MR. JUSTICE FARJAND ALI
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Order
23/02/2026
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
live-in-relationship and have exectuted an agreement to this effect
on 17.02.2026. 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
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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 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
1-poojatak/-
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