HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
POONAM SAINI – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLW / 279 / 2026
[2026:RJ-JD:3446]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 279/2026
1. Poonam Saini D/o Shyam Lal Saini, Aged About 26 Years, Near Mandawa Puliya Ward No 47 Fatehpur Sikar District Sikar At Present Jodhpur Rajasthan
2. Vikas Kumar Moond S/o Tarachand, Aged About 21 Years, Ward No 6 Piprali District Sikar Rajsthan ----Petitioners Versus
1. State Of Rajasthan, Through Chief Secretary Ministry Of Home Affairs Jaipur Rajasthan
2. Director General Of Police, Govt Of Rajasthan Police Head Quarter Jaipur
3. The Superintendent Of Police, District Sikar Rajsthan
4. The Sho, Police Station Kotwali Fatehpur Shekhawati District Sikar Rajsthan
5. Shyam Lal Saini S/o Surta Ram, Mandawa Road Pinjra Pol Ke Pass Ward No 47 Police Station Fatehpur Shekhawati District Sikar Rajsthan
6. Sampati Devi W/o Shyam Lal Saini, Mandawa Road Pinjra Pol Ke Pass Ward No 47 Police Station Fatehpur Shekhawati District Sikar Rajsthan
7. Rakesh Saini S/o Shyam Lal Saini, Mandawa Road Pinjra Pol Ke Pass Ward No 47 Police Station Fatehpur Shekhawati District Sikar Rajsthan
8. Nandu Saini S/o Hanuman Prasad, Fatehpur Shekhawati District Sikar Rajsthan
9. Saroj Devi W/o Nandu Saini, Fatehpur Shekhawati District Sikar Rajsthan
10. Prahlad Saini S/o Hanuman Prasad, Fatehpur Shekhawati District Sikar Rajsthan
11. Santosh Devi W/o Prahlad Saini, Fatehpur Shekhawati District Sikar Rajsthan
12. Ashok Shilawat S/o Sita Ram, Fatehpur Shekhawati District Sikar Rajsthan
13. Lavnish Saini S/o Gopal Saini, Fatehpur Shekhawati District Sikar Rajsthan
14. Raju Motoliya S/o Unknown, Fatehpur Shekhawati District Sikar Rajsthan
15. Gopal Saini S/o Unknown, Fatehpur Shekhawati District Sikar Rajsthan
16. Santosh Chandoliya S/o Unknown, Fatehpur Shekhawati District Sikar Rajsthan
17. Mahesh Saini S/o Radheyshyam Saini, Lakshmangarh District Sikar Rajsthan ----Respondents For Petitioner(s) : Mr. Navneet Singh Birkh For Respondent(s) : Mr. SR Choudhary, PP HON'BLE MR. JUSTICE FARJAND ALI
Order
20/01/2026
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. 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 19.01.2026. 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 the petitioners and, if deemed necessary, to the concerned private respondents, examine the grievan
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