KISMAT BAIRWA D/O SUGANA LAL BAIRWA v. STATE OF RAJASTHAN
CRLW/550/2026 · 2026-04-28
Uma Shanker Vyas
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3179 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3179 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:18021] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 550/2026
1. Kismat Bairwa D/o Sugana Lal Bairwa, Aged About 19 Years, R/o Bhagwanpura, Bhagwanpura, Sarwad, Ajmer, Rajasthan 305403.
2. Rahul Bhil, S/o Mahaveer Bhil, Aged About 22 Years, R/o Bhagwanpura, Bhagwanpura, P/o- Sarwad, Ajmer, Rajasthan 305403. ----Petitioners Versus
1. State of Rajasthan, Through The Principal Secretary, Department of Home, Government Secretariat, Jaipur, Rajasthan
2. The Director General of Police, Rajasthan Police, Jaipur, Rajasthan
3. The Superintendent of Police, Ajmer, Rajasthan
4. Station House Office, Police Station - Sarwad, District Ajmer, Rajasthan.
5. Sanwar(Mama), S/o Pyare Lal Berwa, Aged About 42 Years, R/o Kerot, Tehsil Bhinai, District Ajmer(Rajasthan).
6. Sugana
Beriwa
(Father),
R/o
Bhagwanpura, Bhagwanpura, Sarwad, Ajmer, Rajasthan,305403.
7. Prem Devi Beriwa (Mother), R/o Bhagwanpura, Bhagwanpura, Sarwad, Ajmer, Rajasthan,305403.
8. Mahesh Beriwa (Brother), Bhagwanpura, Bhagwanpura, Sarwad, Ajmer, Rajasthan,305403. ----Respondents For Petitioner(s) : Ms. Anjum Parveen Salawat, Adv. Mr. Kartik Sharma, Adv. For Respondent(s) : Mr. Manvendra Singh Shekhawat, P.P.
[2026:RJ-JP:18021] (2 of 3) [CRLW-550/2026] HON'BLE MR. JUSTICE UMA SHANKER VYAS
Judgment / Order 28/04/2026 This petition has been filed under Article 226 of the Constitution of India for protection of life and personal liberty of the petitioners.
Learned counsel for the petitioners submits that both the petitioners, being major, are in live-in relationship in pursuance of agreement dated 09.02.2026; but, the private respondents are not happy with it and they are threatening the petitioners. Given that their life and liberty is in danger, police protection may be granted to them. Heard. Considered. Learned Public Prosecutor submits that appropriate directions may be issued. In view of the order intended to be passed in the petition, being non-prejudicial to the private respondents, no notices are required against them. It is well settled legal position as expounded by the Hon’ble Supreme Court of India in Lata Singh Vs. State of UP [AIR 2006 SC 2522], S. Khushboo Vs. Kanniammal [(2010) 5 SCC 600], Indra Sarma Vs. VKV Sarma [(2013) 15 SCC 755] and Shafin Jahan vs. Asokan KM & Ors. [(2018) 16 SCC 368] that the society cannot determine how individuals live their lives, especially when they are major, irrespective of the fact that the relation between two major individuals may be termed as unsocial. Thus, life and personal liberty of the individuals has to be protected except according to procedure established by law, as
[2026:RJ-JP:18021] (3 of 3) [CRLW-550/2026] mandated by Article 21 of the Constitution of India. Further, as per Section 29 of Rajasthan Police Act, 2007 every police officer is duty bound to protect the life and liberty of the citizens. Therefore, in light of above legal position and having regard to the above submissions but without expressing any opinion on the genuineness or correctness of the allegations made by the petitioners, this petition is disposed of with the direction that
learned counsel for the petitioners shall send a copy of the petition along with its annexures to the Station House Officer of concerned Police Station through registered post/e-mail, and on receipt of the same, the Station House Officer concerned shall treat it as a complaint and after due enquiry, he shall take necessary preventive measures and other steps to ensure safety and security of the petitioners in accordance with law. However, as a precautionary note, it is made clear that this
order shall not come in the way of civil/criminal case, if any, and such case would take its own course as per law.
(UMA SHANKER VYAS),J YOGESH KUMAR /134