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2026 Supreme(Online)(Raj) 93

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
SAMTA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLW / 3409 / 2025



[2026:RJ-JD:62]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Writ Petition No. 3409/2025

1. Samta W/o Late Shri Durga Ram, Aged About 32 Years,

R/o Bhilo Ka Bas Panchpadria, Tahsil And Dist. - Pali,

Rajsthan.

2. Chandraram S/o Shri Magaram, Aged About 27 Years, R/o

Gram Jalampura Khandap, Tahsil Siwana, Dist. - Balotra,

Rajsthan,

----Petitioners

Versus

1. State Of Rajasthan, Through Secretary, Department Of

Home Affairs, Govt. Of Rajasthan, Jaipur.

2. The Inspector Of General Police, Range Jodhpur Raj.

3. The Superintendent Of Police, Balotra, Rajasthan.

4. Sho, Police Station Samdari, Dist - Balotra

5. Sho, Police Station Jaitpur, Dist. - Pali,

6. Dhalaram S/o Amraram, R/o Bhilo Ka Bas Pachpadria

Gelawas, Dist.- Pali, Rajsthan,

7. Srawan Ram S/o Dhalaram, R/o Bhilo Ka Bas Pachpadria

Gelawas, Dist.- Pali, Rajsthan,

8. Nathuram S/o Dhalaram, R/o Bhilo Ka Bas Pachpadria

Gelawas, Dist.- Pali, Rajsthan,

9. Omaram S/o Bhanwararam, R/o Bhilo Ka Bas Pachpadria

Gelawas, Dist.- Pali, Rajsthan,

10. Gigaram S/o Chhutaram, R/o Bhilo Ka Bas Pachpadria

Gelawas, Dist.- Pali, Rajsthan,

11. Madharam S/o Moolaram, R/o Bhilo Ka Bas Pachpadria

Gelawas, Dist.- Pali, Rajsthan,

12. Mannaram S/o Votaram, R/o Bhilo Ka Bas Pachpadria

Gelawas, Dist.- Pali, Rajsthan,

13. Dugarram S/o Magaram, R/o Bhilo Ka Bas Pachpadria

Gelawas, Dist.- Pali, Rajsthan,

14. Hiraram S/o Moolaram, R/o Bhilo Ka Bas Pachpadria

Gelawas, Dist.- Pali, Rajsthan,

----Respondents

For Petitioner(s) : None Present For Respondent(s) : Mr. Shri Ram Chaudhary, PP HON'BLE MR. JUSTICE FARJAND ALI

Order

05/01/2026

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. The lawyers were abstaining from work today. 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 17.11.2025. 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. In view of the said apprehension, the Superintendent of Police, Balotra and the Station House Officer, Police Station Samdari, District Balotra and SHO, PS Jaitpur, District Pali have been impleaded as party respondents.

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 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 Superintendent of Police, Balotra, 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 Superintendent of Police, Balotra shall afford an opportunity of hearing to the petitioners and, if deemed necessary, to the concerned private respondents, examine the

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