Rajasthan High Court - Jodhpur
Trisha Banerjee vs State Of Rajasthan (2026:Rj-Jd:260) on 6 January, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:260]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 19/2026
1. Trisha Banerjee D/o Bapi Banerjee, Aged About 18 Years,
Taki Road, Sainpala Purubi Kaloni Vtc Basirhat-I, Pos
Basirhat Sub District Basirhat-I, District North 24,
Parganas, Sate West-Bengal, At Present Residing At
Charanon Ka Bas, Atpara Post Atprara District Pali,
Rajasthan. Aadhar No. 4015 1304 7605.
2. Dilip S/o Madan Lal, Aged About 21 Years, Charanon Ka
Bas, Atpara Post Atprara District Pali, Rajasthan. Aadhar
No. 5664 0645 2099
----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.
3. The Superintendent Of Police, Pali District Pali
4. The S H O Police Station Sojat, District Pali.
5. The S H O Police Station Basirhat, District Basirhat.
6. Sujaram S/o Punaram, Charanon Ka Bas, Atpara Post
Atprara District Pali, Rajasthan.
7. Bapi Banerjee S/o Haraprasad Banerjee, Taki Road,
Sainpala Purubi Kaloni Vtc Basirhat-I, Pos Basirhat Sub
District Basirhat-I, District North 24, Parganas, Sate
West-Bengal.
8. Swapna Banerjee W/o Bapi Banerjee, Taki Road, Sainpala
Purubi Kaloni Vtc Basirhat-I, Pos Basirhat Sub District
Basirhat-I, District North 24, Parganas, Sate West-Bengal.
9. Sukumar Banerjee S/o Haraprasad Banerjee, Taki Road,
Sainpala Purubi Kaloni Vtc Basirhat-I, Pos Basirhat Sub
District Basirhat-I, District North 24, Parganas, Sate
West-Bengal.
----Respondents
For Petitioner(s) : Mr. Purushottam Saraswat, on behalf
of Mr. Pritam Joshi
For Respondent(s) : Mr. Surendra Bishnoi, AGA
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[2026:RJ-JD:260] (2 of 3) [CRLW-19/2026]
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 have solemnized their marriage on 25.12.2025 at Arya Samaj. It is further stated that they are residing together as husband and wife and that the private respondents are opposed to the said marriage 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 (Uploaded on 07/01/2026 at 05:49:25 PM) (Downloaded on 08/01/2026 at 08:36:51 PM) [2026:RJ-JD:260] (3 of 3) [CRLW-19/2026] 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, Pali, 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, Pali 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 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. Pending applications, if any, also stand disposed of.
(FARJAND ALI),J 262-Pramod/-
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