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2026 Supreme(Online)(Raj) 2806

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
KIRAN DEVI – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLW / 20 / 2026



[2026:RJ-JD:263]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 20/2026

1. Kiran Devi D/o Hari Ram, Aged About 19 Years, 1349 Chawani Wala Dhoda Anandpur Kalu Widh Chak Tehasil Jaitaran Die Beawar At Village Kurdaya Tehsil Merta Nagaur Raj.

2. Narendra Sister/o Baksa Ram, Aged About 20 Years, Villsgre Kurdaya Tehsil Merta Nagaur ----Petitioners Versus

1. State Of Rajasthan, Through Chief Secretary Department Of Home Affairs, Jaipur Raj.

2. Superintendent Of Police, Beawar

3. Sho, Ps Anandpur Kalu Beawar

4. Superintendent Of Police, Nagaur

5. Sho, Ps Jasnagar Dist Nagaur

6. Hari Ram S/o Nihal Ram, 1339 Chawani Wala Dhoda Anadpur Kalu Widh Chak Tehsil Jaitaran Beawar

7. Saghita W/o Hari Ram, 1349 Chawani Wla Dhoda Anandpur Kalu Withchak Tehsil Jaitaran Bewar

8. Baksha Ram S/o Nihal Ram, Chawani Wala Dhoda Anandpur Kalu Widh Chak Tehsil Jaiarn Beawar

9. Dhana Ram S/o Uharam, Lilriya Anandpur Kalu Tehsil Jaitaran Beawar

10. Parkash S/o Uharam, Lilria Anandpur Kalu Tehsil Jaitaran Beawar

11. Sunil S/o Baksha Ram, Chawani Wala Dhoda Anandpur Kalu Widh Chak Ehsil Jaitaran Beawar ----Respondents For Petitioner(s) : Mr. Jay Ram Budiya Mr. Hitesh Vishnoi For Respondent(s) : Mr. Surendra Bishnoi, AGA HON'BLE MR. JUSTICE FARJAND ALI

Order

06/01/2026

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 exectuted an agreement to this effect on 03.01.2026. 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 Superintendent of Police, Nagaur, 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, Nagaur 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 aff

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