YOGESH KHATIK v. STATE OF RAJASTHAN
Court: High Court of Rajasthan
Bench: ANOOP KUMAR DHAND
Judgment date:
Case summary
High Court of Rajasthan judgment dated 2026-08-05. YOGESH KHATIK v. STATE OF RAJASTHAN. Read the judgment and case details on LawSphereX.
Judgment text
[2026:RJ-JP:37063] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Civil Writ Petition No. 18545/2026 CNR: RJHC010789672026 | URN: CW / 32027U / 2026 1. Yogesh Khatik S/o Shri Mukesh Khatik, Aged About 21 Years, R/o Aamba Khedi, Sangwa, P. s. Suwana, District Bhilwara (Raj. ) 2. Smt. Arpita Khinchi D/o Shri Mukesh Kumar Khatik, Aged About 18 Years, R/o Panchmukhi Colony, Near Jain Mandir, Bhilwara (Raj. ) ----Petitioners Versus 1. State Of Rajasthan, Through Chief Secretary, Ministry Of Home Affairs, Jaipur (Raj. ) 2. Superintendent Of Police, Bhilwara (Raj. ) 3. Station House Officer, City Kotwali, Bhilwara (Raj. ) 4. Shri Mukesh Kumar Khatik S/o Shri Habu Lal Ji Khatik, R/ o Panchmukhi Colony, Near Jain Mandir, Bhilwara (Raj. ) ----Respondents For Petitioner(s) : Mr. Usman Ghani For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 05/08/2026 1.
The petitoners have preferred the instant petition for issuance of necessary directions to the official-respondents to provide adequate security and protection to them on the ground that they are facing grave threat to their life and liberty at the hands of private respondents. 2. Learned counsel for the petitioners submits that Article 21 of the Constitution of India provides for Right to Life and Personal [2026:RJ-JP:37063] (2 of 3) [CW-18545/2026] Liberty under the ambit of Fundamental Rights and any threat to the Right to Life and Personal Liberty amounts to violation of Fundamental Rights. 3. Counsel for the petitioners submits that prior to approaching this Court, the petitioners have already submitted representations before the concerned Station House Officer and the Nodal Officer pursuant to the orders passed by the Co-ordinate Bench of this Court in the case of Suman Meena vs. State of Rajasthan (S. B. Criminal Writ Petition No. 792/2024).
Counsel submits that under such circumstances, appropriate directions be issued to the respondent-officials in favour of the petitioners. 4. It is a well settled preposition of law as expounded by the Hon'ble Supreme Court in the cases of Lata Singh Vs. State of UP, reported in AIR 2006 SC 2522, S. Khushboo Vs. Kanniammal, reported in (2010) 5 SCC 600, Indra Sarma Vs. VKV Sarma reported in (2013) 15 SCC 755 and Shafin Jahan Vs. Asokan KM reported in (2018) 16 SCC 368, that the 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-more, 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. 5.
Considering the arguments put forward by the learned counsel for the petitioners and looking to the fact that the petitioners have already submitted appropriate representation/application seeking protection before the Nodal Officer as well as concerned Station House Officer, it is expected from the officers concerned to look into the matter in terms of the [2026:RJ-JP:37063] (3 of 3) [CW-18545/2026] directions issued by the Co-ordinate Bench this Court in the case of Suman Meena (supra) and ensure that after analyzing the threat perceptions, if necessitated, necessary orders may be passed in order to provide adequate security and protection to life and liberty of the petitioners. 6. It is made clear that any observation made by this Court in this order shall not affect any criminal and civil proceedings initiated against the petitioners. 7. With the aforesaid observations, the instant civil writ petition stands disposed of.
The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J 372-Arun/-
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