WPCRL/764/2022
2022 Latest Caselaw 1336 UK

        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. 764 OF 2022

                              27th APRIL, 2022
 Between:

 Manmeet Kaur and another                        ......            Petitioners

 And

 State of Uttarakhand & others                   ......         Respondents


Counsel for the petitioners          :   Mr. Mani Kumar, 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 adequate protection to the petitioners

              from respondent Nos. 3 and 4, as the life and

              liberty of petitioners is in danger.
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     ii)    Issue any other order or direction which this

            Hon'ble Court may deem fit and proper under the

            facts and circumstances of the present case.


     iii)   To allow the writ petition and award the cost of it

            in favour of the petitioners.


2)          Both the petitioners are Sikh by religion.      As

both the petitioners were in love, they wanted to marry

with each other, but the parents of petitioner No. 1 are

insisting to marry her with respondent No. 4 against the

will of petitioner No. 1.


3)          The learned counsel for the petitioners submits

that both the petitioners are major.        He further submits

that the petitioners have already made a representation on

22.04.2022 before the Senior Superintendent of Police,

Rudrapur, District Udham Singh Nagar, and SHO, P.S.

Kotwali Bazpur, District Udham Singh Nagar 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.


4)          In that view of the matter, we hereby dispose of

the writ petition by directing the Senior Superintendent of

Police, Udham Singh Nagar - respondent No. 1 to take a
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decision on the representation of the petitioners (Annexure

No. 3) within 21 days from today. In the interregnum, the

SHO, P.S. Kotwali Bazpur, District Udham Singh Nagar -

respondent No. 2 shall provide necessary police protection

for protecting the lives and liberty of the petitioners.


5)         In the meantime, both the petitioners may

solemnize their marriage on their own sweet will.


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.


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.


9)         Interim Relief Application (IA No. 01 of 2022)

also stands disposed of accordingly.


                          ____________________________
                          SANJAYA KUMAR MISHRA, A.C.J.


                            ______________________
                            RAMESH CHANDRA KHULBE, J.

Dated: 27th APRIL, 2022 Negi