Rajasthan High Court - Jodhpur
Monika Bagadiya vs State Of Rajasthan (2026:Rj-Jd:17646) on 16 April, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:17646]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 1652/2026
1. Monika Bagadiya D/o Om Prakash Bagadiya, Aged About
18 Years, Resident Of Border Sima Ke Pass, Dhani Dhana
Wali, Sargoth, Sikar At Present Residing At Plot No -54
Bhairav Nagar , Desuri Pali.
2. Ajay Sepat S/o Banwari Lal Chaudhary, Aged About 23
Years, Resident Of Jato Ka Mohalla, Sepatpura, Dhawali,
Shahpura, Jaipur At Present Residing At Plot No -54
Bhairav Nagar , Desuri Pali.
----Petitioners
Versus
1. State Of Rajasthan, Through Chief Secretary, Ministry Of
Home Affairs, Jaipur Raj.
2. Director General Of Police, Govt. Of Rajasthan Police Head
Quarter, Jaipur Raj.
3. The Commissioner Of Police, Jaipur, Rajasthan
4. The Superintendent Of Police, Sikar
5. Sho, Police Station Ringus, Sikar
6. Omprakash Bagadiya S/o Mali Ram, R/o Dhani Wali,
Sargoth, Sikar
7. Mahesh Bagadiya S/o Mali Ram, R/o Dhani Wali, Sargoth,
Sikar
8. Sohan Bagadiya S/o Budha Ram, R/o Dhani Wali,
Sargoth, Sikar
9. Laxman Bagadiya S/o Budha Ram, R/o Dhani Wali,
Sargoth, Sikar
10. Murli Bagadiya S/o Budha Ram, R/o Dhani Wali, Sargoth,
Sikar
11. Dhanaram Samota S/o Nannu Ram, R/o Bera Wali Dhani,
Ringus , Sikar
12. Chander Samota S/o Nannu Ram, R/o Bera Wali Dhani,
Ringus , Sikar
13. Pappu Ram Samota S/o Nannu Ram, R/o Bera Wali Dhani,
Ringus , Sikar
----Respondents
For Petitioner(s) : Mr. Harshvardhan
For Respondent(s) : Mr. Surendra Bishnoi, AGA
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[2026:RJ-JD:17646] (2 of 4) [CRLW-1652/2026]
HON'BLE MR. JUSTICE FARJAND ALI
Order 16/04/2026
1. The present Criminal Writ Petition has been preferred under Article 226 of the Constitution of India seeking directions to the official respondents to provide protection to the petitioners, who apprehend threat to their life and personal liberty at the hands of the private respondents.
2. The right to life and personal liberty is a fundamental right and cannot be compromised. The assessment of threat perception and requirement of protection lies within the domain of the police authorities, who are duty bound to ensure that no person takes law into their own hands.
3. Considering the grounds taken in the writ petition and the circumstances of the case, it appears to this Court that a genuine and imminent apprehension of threat to the life and personal liberty of the petitioners exists. The right guaranteed under Article 21 of the Constitution of India is sacrosanct and stands on the highest pedestal amongst all fundamental rights. It is well settled that the expression "life" under Article 21 does not connote mere animal existence but encompasses the right to live with human dignity, safety and without fear. This Court cannot remain a mute spectator when such valuable fundamental rights are put in jeopardy. The constitutional mandate casts a positive obligation upon the State and its instrumentalities to protect and preserve the life and liberty of every individual and to ensure that no (Uploaded on 16/04/2026 at 02:34:19 PM) (Downloaded on 16/04/2026 at 08:59:38 PM) [2026:RJ-JD:17646] (3 of 4) [CRLW-1652/2026] person takes the law into his or her own hands. Whenever a palpable threat to life is brought to the notice of this Court, it becomes not only appropriate but imperative for the Court to step in and ensure that the rule of law prevails. In such matters, this Court does not hesitate to intervene where the protection of life and personal liberty is at stake.
4. Accordingly, the petition is disposed of with a direction to the petitioners to appear before the Commissioner/Superintendent of Police concerned within 15 days and submit a representation indicating the source of threat. The concerned officer shall examine the grievance, assess the threat perception and pass appropriate directions, if required, in accordance with law. Necessary coordination with the concerned police authorities may also be undertaken.
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, their age, the validity of the alleged marriage 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 affect any civil or criminal proceedings, if any, pending or to be initiated in accordance with law.
6. The petition stands disposed of. Pending applications, if any, also stand disposed of.
(FARJAND ALI),J 223-poojatak/-
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