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2026 DAILYLAW 8469 (RAJ)

SAROJ W/O RAJA MAHAWAR, v. STATE OF RAJASTHAN

CRLW/896/2026 · 2026-06-02

Ashutosh Kumar V J

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:22878] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 896/2026 1. Saroj W/o Raja Mahawar, Aged About 21 Years, Resident of Jasvant Nagar, Lahchora Kalan, Bharatpur, Presently Resident Of Paota, Tehsil Mahuwa, District Dausa (Raj.). 2. Raja Mahawar Son of Haricharan Mahawar, Aged About 21 Years, Resident of Paota, Tehsil Mahuwa, District Dausa (Raj.) ----Petitioners Versus 1. State of Rajasthan, Through Principal Secretary, Department of Home Affairs, Government of Rajasthan, Secretariat, Jaipur. 2. The Superintendent of Police, Dausa. 3. The Nodal Officer, S.P. Office, Dausa. 4. S.H.O. Police Station Salempur, District Dausa. 5. Harisingh Son Of Balveer, Resident of Jasvant Nagar, Lahchora Kalan, Bharatpur (Raj.) 6. Premvati W/o Harisingh, Resident of Jasvant Nagar, Lahchora Kalan, Bharatpur (Raj.) 7. Vishnu Son Of Balveer, Resident of Jasvant Nagar, Lahchora Kalan, Bharatpur (Raj.) 8. Radha D/o Harisingh, Resident of Jasvant Nagar, Lahchora Kalan, Bharatpur (Raj.) 9. Gangaram Son Of Harisingh, Resident of Jasvant Nagar, Lahchora Kalan, Bharatpur (Raj.) ----Respondents For Petitioner(s) : Mr. Brijesh Kumar Bhardwaj, Adv. Mrs. Saroj & Mr. Raja Mahawar (present in person) For Respondent(s) : Mr. Jaiprakash Tiwari, Dy.G.A. [2026:RJ-JP:22878] (2 of 4) [CRLW-896/2026] HON'BLE MR. JUSTICE ASHUTOSH KUMAR (VACATION JUDGE) Order 02/06/2026 1. Defects as pointed out by the Registry are over-ruled. 2. Both the petitioners who are present in-person before this Court are major and in support of their date of births, copies of their Aadhaar cards are available on record as Annexure Nos.1 and 2. 3. Petitioners have also been duly identified by their respective counsel. 4. By virtue of the present criminal writ petition filed under Article 226 of the Constitution of India, the petitioners have sought protection of their life and personal liberty from private respondent Nos.5 to 9, as they are apprehending danger to their life and liberty from the said private respondents. 5. Learned counsel for petitioners submits that the petitioners have solemnized their marriage on 26.05.2026 and the same has been duly registered at Arya Samaj, George Town, Prayagraj, but the private respondents and others are not happy with their marriage and the petitioners are receiving continuous threats. 6. Learned counsel for the petitioners submits that both the petitioners are major and are mature enough to take independent decision of their life. 7. Learned counsel for the petitioners further submits that once the petitioners have willingly and with utmost responsibility [2026:RJ-JP:22878] (3 of 4) [CRLW-896/2026] chosen to solemnize their marriage, the private respondents have no right to harass, much less threaten the petitioners and take law in their hands and given the fact that the life and liberty of the petitioners is in danger, police protection deserves to be granted to the petitioners and hence, protection is being sought. 8. Learned Deputy Government Advocate submits that appropriate directions be issued. 9. As the order intended to be passed herein is non-prejudicial to the private respondents, no notices are required to be issued to them. 10. It is a well settled legal position as expounded by the Hon’ble Supreme Court of India in Lata Singh Vs. State of UP reported in (2006) 5 SCC 475, S. Khushboo Vs. Kanniammal & Anr. reported in (2010) 5 SCC 600, Indra Sarma Vs. VKV Sarma reported in (2013) 15 SCC 755 and Shafin Jahan Vs. Asokan KM & Ors. reported in (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 immoral and unsocial. Thus, life and personal liberty of the individuals has to be protected except according to procedure established by law, as mandated by Article 21 of the Constitution of India. Further, as per Section 29 of the Rajasthan Police Act, 2007, every police officer is duty bound to protect the life and liberty of the citizens. 11. In view of the above legal position and factual averments, after perusing record and considering the submissions made, as the petitioners apprehend threat to their life and liberty, this Court [2026:RJ-JP:22878] (4 of 4) [CRLW-896/2026] is of the considered view that the petitioners have every right to seek protection of their life, limb and liberty. 12. Accordingly, this Court is inclined to dispose of the present criminal writ petition with the directions to the petitioners to file an appropriate application seeking protection before respondent No.4-S.H.O., Police Station Salempur, District Dausa who is directed to duly consider grievance of the petitioners and after analyzing the threat perceptions, will take all possible preventive measures and other steps as required to ensure safety and security of the petitioners and that no harm is caused to them. 13. With the said directions, the present criminal writ petition and pending application(s), if any, stands disposed of. 14. However, as a precautionary note, it is clarified that the observations made by this Court in the present order are confined solely for the purpose of disposal of the instant criminal writ petition and shall neither prejudice nor affect any civil or criminal proceedings initiated or pending against the petitioners. (ASHUTOSH KUMAR), V.J. AARZOO ARORA/178-S.