Citation : 2026 Latest Caselaw 3099 Raj
Judgement Date : 24 February, 2026
[2026:RJ-JD:9917]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 825/2026
1. Manisha Choudhary D/o Davar Ram, Aged About 18
Years, Resident Of Wad No. 15, Chouhan Nagar, Gagrana,
Police Station Jasnagar, District Nagaur, Rajasthan.
2. Mohit S/o Kuldeep, Aged About 20 Years, Resident Of
Togaso Ka Bass, Gram Post Digarna, Baloonda, Tehsil
Jaitaran, Beawar, Pali, Presently Residing At Adarsh
Colony, Gotan, Tehsil Merta, District Nagaur.
----Petitioners
Versus
1. State Of Rajasthan, Through Chief Secretary, Ministry Of
Home Affairs, Jaipur Raj.
2. Director General Of Police, Govt. Of Rajasthan Police Head
Quarter, Jaipur, Raj.
3. The Superintendent Of Police, Nagaur, Rajasthan.
4. The Station House Officer, Police Station Jasnagar, District
Nagaur, Rajasthan.
5. Davar Ram S/o Ramdev, R/o Wad No. 15, Chouhan Nagar,
Gagrana, Police Station Jasnagar, District Nagaur,
Rajasthan.
6. Megha Ram S/o Ramdev Ram, R/o Village Indawar, Tehsil
Merta, District Nagaur.
7. Hema Ram S/o Ramdev Ram, R/o Village Indawar, Tehsil
Merta, District Nagaur.
8. Shankar Ram S/o Ramdev Ram, R/o Village Indawar,
Tehsil Merta, District Nagaur.
9. Indraraj S/o Megha Ram, R/o Village Indawar, Tehsil
Merta, District Nagaur.
10. Manohar S/o Ramdev Mehariya, R/o Village Indawar,
Tehsil Merta, District Nagaur.
11. Garib Ram S/o Ramdev Mehariya, R/o Village Indawar,
Tehsil Merta, District Nagaur.
12. Ramdev S/o Hari Ram, R/o Village Indawar, Tehsil Merta,
District Nagaur.
13. Prakash Ram S/o Baksha Ram, R/o Village Indawar, Tehsil
Merta, District Nagaur.
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14. Ranveer, R/o Village Indawar, Tehsil Merta, District
Nagaur.
15. Dhana Ram S/o Narayan Ram, R/o Village Indawar, Tehsil
Merta, District Nagaur.
16. Rita Devi, R/o Village Indawar, Tehsil Merta, District
Nagaur.
17. Chimna Ram, R/o Village Indawar, Tehsil Merta, District
Nagaur.
18. Bharat S/o Chandra Ram, R/o Village Indawar, Tehsil
Merta, District Nagaur.
19. Mahendra S/o Bagda Ram Bhadu, R/o Village Kurdaya,
Tehsil Merta, District Nagaur.
20. Pankaj Bhadu S/o Kailash Bhadu, R/o Village Kurdaya,
Tehsil Merta, District Nagaur.
21. Hema Ram Bhadu S/o Hukma Ram, R/o Village Kurdaya,
Tehsil Merta, District Nagaur.
----Respondents
For Petitioner(s) : Mr. Peerane Khan
For Respondent(s) : Mr. N.S. Chandawat, Dy. G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order
24/02/2026
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
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on 16.12.2025. 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 185-poojatak/-
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