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Rajasthan High Court - Jodhpur
Rajal vs State Of Rajasthan (2026:Rj-Jd:5491) on 30 January, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:5491]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 440/2026
1. Rajal D/o Deva Ram, Aged About 21 Years, R/o Asada,
Tehsil Pachpadra, District Balotra, (Rajasthan)
2. Hasta Ram S/o Mangla Ram, Aged About 26 Years, R/o
Village Baliyana, Tehsil Siwana, District Balotara, (Raj)
----Petitioners
Versus
1. State Of Rajasthan, Through Chief Secretary, Department
Of Home Affairs, Jaipur.
2. Superintendent Of Police, Balotra (Raj)
3. Station House Officer, P.s. Jasol, Balotra, Raj.
4. Station House Officer, P.s. Siwana, Balotra, Raj.
5. Police Chowky Officer, Police Chowky Padru, Balotra, Raj.
6. Deva Ram S/o Mangna Ram, R/o Hanuman Ji Ka Mandir,
Meghwalo Ka Bas, Asada, Dist. Balotara.
7. Jasraj S/o Magna Ram, R/o Hanuman Ji Ka Mandir,
Meghwalo Ka Bas, Asada, Dist. Balotara.
8. Dinesh S/o Magna Ram, R/o Hanuman Ji Ka Mandir,
Meghwalo Ka Bas, Asada, Dist. Balotara.
9. Chandra Prakash S/o Deva Ram, R/o Hanuman Ji Ka
Mandir, Meghwalo Ka Bas, Asada, Dist. Balotara.
10. Chagan S/o Deva Ram, R/o Hanuman Ji Ka Mandir,
Meghwalo Ka Bas, Asada, Dist. Balotara.
11. Jeetu S/o Hasta Ram, R/o Budiwada, District Balotara.
12. Suresh S/o Hasta Ram, R/o Budiwada, District Balotara.
13. Chena Ram S/o Chamela Ram, R/o Mokalsar, District
Balotara.
14. Gudiya Spouse/o Chena Ram, R/o Mokalsar, District
Balotara.
15. Dhepi Devi W/o Hasta Ram, R/o Budiwara, District
Balotara
16. Pura Ram S/o Mangla Ram, R/o Baliyana Post Siner Teh-
Siwana, Dist-Balotara.
17. Baga Ram S/o Keva Ram, R/o Hanuman Ji Ka Mandir,
Meghwalo Ka Bas, Asada, Dist Balotara.
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[2026:RJ-JD:5491] (2 of 4) [CRLW-440/2026]
18. Kishna Ram S/o Keva Ram, R/o Hanuman Ji Ka Mandir,
Meghwalo Ka Bas, Asada, Dist Balotara.
----Respondents
For Petitioner(s) : Mr. Sampat Prajapat
For Respondent(s) : Mt. NS Chandawat, Dy.G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order
30/01/2026
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 27.01.2026. 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
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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.
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
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claimed by the petitioners, the validity of the alleged live in
relationship deed 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.
7. The Criminal Writ Petition stands disposed of in the aforesaid
terms. Pending applications, if any, also stand disposed of.
(FARJAND ALI),J
144-Samvedana/-
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