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Rajasthan High Court - Jodhpur
Mamta Kumari vs State Of Rajasthan (2026:Rj-Jd:11244) on 7 March, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:11244]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 987/2026
1. Mamta Kumari D/o Dala Ram, Aged About 24 Years, R/o
Dadal District Jalore
2. Hima Ram S/o Bhava Ram Choudhary, Aged About 25
Years, R/o Kora District Jalore
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Home Affairs, Government Of Rajasthan, Secretariat,
Jaipur.
2. The Superintendent Of Police, Jalore.
3. The Sho, Police Station Bagoda, District Jalore.
4. The Sho, Police Station Bhinmal, District Jalore.
5. Dhala Ram S/o Moning Ji, Residing At O Dadal, District
Jalore
6. Seta Ram S/o Dala Ram, Residing At O Dadal, District
Jalore
7. Dona Ram S/o Poonma Ram, Residing At O Dadal, District
Jalore
8. Lachchha Ram S/o Poonma Ram, Residing At O Dadal,
District Jalore
9. Pura Ram S/o Poonma Ram, Residing At O Dadal, District
Jalore
10. Kana Ram S/o Poonma Ram, Residing At O Dadal, District
Jalore
----Respondents
For Petitioner(s) : None present
For Respondent(s) : Mr. Ravindra Singh Bhati, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
07/03/2026
1. The present Criminal Writ Petition has been preferred by the
petitioners under Article 226 of the Constitution of India seeking
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[2026:RJ-JD:11244] (2 of 3) [CRLW-987/2026]
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 executed an agreement to this effect
on 27.02.2026. 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.
It is made clear that this court is neither recognizing the
relationship between the petitioners nor certifying the veracity of
the documents. It is just an order of protection of life which is
available to every individual.
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[2026:RJ-JD:11244] (3 of 3) [CRLW-987/2026]
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
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
12-poojatak/-
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