[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
Mamta Kumari vs State Of Rajasthan (2026:Rj-Jd:5432) on 30 January, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:5432]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 421/2026
1. Mamta Kumari D/o Shri Hara Ram, Aged About 25 Years,
Village Undadi, Tehsil And District Barmer Tehsil Sayla
And District Jalore
2. Geba Ram S/o Valaram, Aged About 33 Years, Village
Bhundwa, Tehsil Sayla And District Jalore
----Petitioners
Versus
1. State Of Rajasthan, Department Of Home Affairs, Govt.
Of Rajasthan, Jaipur.
2. Superintendent Of Police, Jalore
3. Superintendent Of Police, Balotra
4. Sho Sayla Police Station, District Jalore
5. Sho Samdari Police Station, District Balotra
6. Shri Bhala Ram S/o Madaram, Samuja, Tehsil Samdari
And District Balotra
7. Shri Ramesh Kumar, Samuja, Tehsil Samdari And District
Balotra
8. Shri Dhana Ram, Samuja, Tehsil Samdari And District
Balotra
9. Chandra Devi D/o Ramesh Kumar, Samuja, Tehsil
Samdari And District Balotra
10. Mada Ram S/o Adaram, Samuja, Tehsil Samdari And
District Balotra
11. Shanti Devi Spouse/o Mada Ram, Samuja, Tehsil Samdari
And District Balotra
12. Suja Ram S/o Rana Ram, Samuja, Tehsil Samdari And
District Balotra
----Respondents
For Petitioner(s) : Mr. Kshitij Vyas
For Respondent(s) : Mr. NS chandawat, PP
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
(Uploaded on 30/01/2026 at 05:54:23 PM)
[2026:RJ-JD:5432] (2 of 3) [CRLW-421/2026]
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 27.01.2026. 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
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
(Uploaded on 30/01/2026 at 05:54:23 PM)
[2026:RJ-JD:5432] (3 of 3) [CRLW-421/2026]
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
134-chhavi/-
(Uploaded on 30/01/2026 at 05:54:23 PM)
Powered by TCPDF (www.tcpdf.org)
