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Manisha Choudhary vs State Of Rajasthan (2026:Rj-Jd:9917)
2026 Latest Caselaw 3099 Raj

Citation : 2026 Latest Caselaw 3099 Raj
Judgement Date : 24 February, 2026

[Cites 1, Cited by 0]

Rajasthan High Court - Jodhpur

Manisha Choudhary vs State Of Rajasthan (2026:Rj-Jd:9917) on 24 February, 2026

Author: Farjand Ali
Bench: Farjand Ali
[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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[2026:RJ-JD:9917] (3 of 4) [CRLW-825/2026]

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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