[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
Pooja Ahir vs State Of Rajasthan (2026:Rj-Jd:5172) on 29 January, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:5172]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 345/2026
1. Pooja Ahir D/o Shri Shankar Lal Ahir, Aged About 19
Years, Resident Of Gopalpura, Post Narela, Ps Chenderiya,
Tehsil And District Chittorgarh, Rajasthan.
2. Prakash Chandra Ahir S/o Shri Bhanwarlal Ji Ahir, Aged
About 24 Years, Resident Of Karediya, Ps And Tehsil
Gangrar District Chittorgarh, Rajasthan.
----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.
3. The Superintendent Of Police, Chittorgarh.
4. The Station House Officer, Police Station Chanderiya,
District Chittorgarh, Rajasthan.
5. The Station House Officer, Police Station Gangrar, District
Chittorgarh, Rajasthan.
6. Narayan Ji Ahir S/o Gokal Ji Ahir, Aged About 50 Years,
Resident Of Gopalpura, Post Narela, Ps Chenderiya, Tehsil
And District Chittorgarh, Rajasthan.
7. Radheshyam Ahir S/o Narayan Ji Ahir, Aged About 18
Years, Resident Of Gopalpura, Post Narela, Ps Chenderiya,
Tehsil And District Chittorgarh, Rajasthan.
8. Shankar Ji Ahir S/o Gokal Ji Ahir, Aged About 40 Years,
Resident Of Gopalpura, Post Narela, Ps Chenderiya, Tehsil
And District Chittorgarh, Rajasthan.
9. Prakash Ahir S/o Narayan Ahir, Aged About 27 Years,
Resident Of Jozro Ka Khera, Ps Gangrar, Tehsil Gangrar,
District Chittorgarh, Rajasthan.
10. Laxman Lal Ahir S/o Shankar Ji Ahir, Aged About 32
Years, Resident Of Kalyanpura, Ps Kapasan, Tehsil
Kapasan, District Chittorgarh, Rajasthan.
11. Rosha W/o Shankar Ji Ahir, Aged About 35 Years,
Resident Of Kalyanpura, Ps Kapasan, Tehsil Kapasan,
District Chittorgarh, Rajasthan.
----Respondents
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[2026:RJ-JD:5172] (2 of 4) [CRLW-345/2026]
For Petitioner(s) : Mr. AH Ansari
For Respondent(s) : Mr. Shriram Choudhary, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
29/01/2026
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. In the circumstances, the writ petition is being considered
and decided on the basis of the averments, grounds and
material placed on record.
3. As per the pleadings, the petitioners claim to be majors and
of marriageable age and assert that they have executed an
agreement for live in relationship dated 21.01.2026. It is
further stated that they are residing together as per their
own free will and wish and 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.
4. 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
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[2026:RJ-JD:5172] (3 of 4) [CRLW-345/2026]
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.
5. Accordingly, the writ petition is disposed of with a direction
that the petitioners shall appear before the concerned
Superintendent of Police, 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 concerned Superintendent of Police
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.
6. 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 alleged live in
relationship deed or the genuineness of the documents relied
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[2026:RJ-JD:5172] (4 of 4) [CRLW-345/2026]
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.
7. The Criminal Writ Petition stands disposed of in the aforesaid
terms. Pending applications, if any, also stand disposed of.
(FARJAND ALI),J
37-Samvedana/-
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