Shivam And Another. ... vs State Of Uttarakhand And Others
2022 Latest Caselaw 1364 UK

    IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL

               SRI JUSTICE MANOJ KUMAR TIWARI, J.

AND SRI JUSTICE RAMESH CHANDRA KHULBE, J.

29TH APRIL, 2022

WRIT PETITION (CRL) No.802 OF 2022

Between:

Shivam and another. ...Petitioners

Vs.

State of Uttarakhand and others. ...Respondents

Counsel for the petitioners. : Mr. V. S. Chauhan, the learned counsel.

Counsel for the respondent : Mr. J.S. Virk, the learned nos.1, 2 & 3 . Deputy Advocate General along with Mr. Rakesh Kumar Joshi, learned Brief Holder for the State.

Upon hearing the learned Counsel, the Court made the following

JUDGMENT : (per Sri R.C. Khulbe, J.)

In this Writ Petition, the petitioners have

prayed for the following reliefs :-

"i) issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 2 & 3 to provide the adequate security to the life and liberty of the petitioners.

ii) issue a writ, order or direction in the nature of mandamus commanding respondents not to interfere in the personal life and liberty of the petitioners."

2. Petitioners are present before the Court. As

per the documents, both are major and belong to the

same faith; the marriage certificate is on record; there

is a threat perception from the side of respondent

nos.4 and 5.

3. The learned counsel for the petitioners

submits that the petitioners have already made a

representation on 25.04.2022 before the Senior

Superintendent of Police, District Haridwar-respondent

no.2 for protecting their lives, but nothing has been

done as yet. Having been left with no other

remedy, the petitioners have filed the present Writ

Petition.

4. Learned Deputy Advocate General appearing

for the State seeks and is allowed six weeks' time to

file the counter affidavit.

5. List thereafter.

6. In the interregnum, the SHO, Police Station

Haridwar, District Haridwar-respondent no. 3 shall

provide necessary police protection for protecting the

lives and liberty of the petitioners.

7. Interim relief application (IA No.01 of

2022) is also disposed of accordingly.

M.K. TIWARI, J.

R.C. KHULBE, J.

Dt: 29TH APRIL, 2022 BS/RB