Uttarakhand High Court
WPCRL/661/2022 on 25 April, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE ACTING CHIEF JUSTICE SHRI SANJAYA KUMAR MISHRA
AND
JUSTICE SHRI RAMESH CHANDRA KHULBE
WRIT PETITION (CRL) NO. 661 OF 2022
25th APRIL, 2022
Between:
Sushma Negi and another ...... Petitioners
And
State of Uttarakhand & others ...... Respondents
Counsel for the petitioners : Mr. Vikas Kumar Guglani, learned
counsel
Counsel for respondent Nos. 1 & 2 : Mr. J.S. Virk, learned Deputy
Advocate General assisted by Mr.
Rakesh Kumar Joshi, learned Brief
Holder for the State
Upon hearing the learned Counsel, the Court made the
following
JUDGMENT: (per the Acting Chief Justice Shri Sanjaya Kumar Mishra)
In this Writ Petition, the petitioners have
prayed for the following reliefs : -
i) Issue a writ, order or direction in the nature of
mandamus directing the respondent Nos. 1
and 2 to provide protection to the petitioners
from the respondent Nos. 3 and 4, so that
they can live peacefully.
2
ii) Issue a suitable writ, order or direction which
this Hon'ble Court may deem fit and proper in
the facts and circumstances of the present
case.
2) This Court directed conducting of ossification
test on petitioner No. 2. The report is before us, which
shows that the Chief Medical Officer, Nainital, has
reported that the petitioner No. 2 is more than 20 years
old. The repot submitted by the learned Deputy
Advocate General be kept on record.
3) The Hon'ble Supreme Court has observed in
the case of Jaya Mala Vs Home Secretary, Government
of Jammu and Kashmir and others, AIR 1982 SUPREME
COURT 1297, that the margin of error in age ascertained
by radiological examination is two years on either side.
In that view of the matter, and in view of the documents
filed, we hold that the petitioner No. 2 has attained the
age to get married as per his own choice.
4) The learned counsel for the petitioners submits
that petitioners are in a live-in relationship, and are
facing threat from the family members of petitioner No.
1. The learned counsel also submits that both the
petitioners are major and wanted to marry each other.
3
He further submits that the petitioner No. 1 has already
made a representation on 10.04.2022 before the Senior
Superintendent of Police, Nainital, District Nainital for
protecting their lives, a copy whereof is annexed as
Annexure No. 3 to this writ petition, but nothing has
been done as yet. Having been left with no other
remedy, the petitioners have filed the present writ
petition.
5) In that view of the matter, we hereby dispose
of the writ petition by directing the Senior
Superintendent of Police, Nainital, District Nainital -
respondent No. 1 to take a decision on the
representation of the petitioners (Annexure No. 3) within
21 days from today. In the interregnum, the SHO, P.S.
Haldwani, District Nainital - respondent No. 2 shall
provide necessary police protection for protecting the
lives and liberty of the petitioners.
6) Let a fee copy of this order be immediately
handed over to Mr. J.S. Virk, the learned Deputy
Advocate General for the State of Uttarakhand, for early
compliance.
4
7) Urgent copy of this order be supplied to the
learned counsel for the parties, as per Rules, during the
course of the day.
8) The Writ Petition is, hereby, disposed of.
____________________________
SANJAYA KUMAR MISHRA, A.C.J.
______________________
RAMESH CHANDRA KHULBE, J.
Dated: 25th APRIL, 2022
Negi
