Aszad And Another ...... ... vs State Of Uttarakhand And Others
2022 Latest Caselaw 2544 UK

     IN THE HIGH COURT OF UTTARAKHAND AT
                   NAINITAL

       THE CHIEF JUSTICE SHRI VIPIN SANGHI
                       AND
      JUSTICE SHRI RAMESH CHANDRA KHULBE

                WPCRL No.1566 OF 2022

                    18th AUGUST, 2022



Aszad and Another                     ...... Petitioners

                            Vs.

State of Uttarakhand and others      ...... Respondents


Presence: -
Shri Ankur Sharma, learned counsel for the petitioners.
Shri J.S. Virk, learned Deputy Advocate General along with
Shri Rakesh Joshi, learned Brief Holder for the State.

JUDGMENT: (Per Shri Ramesh Chandra Khulbe, J.)


           In this petition, petitioners have prayed for the

following relief(s): -

                "(i) issue a writ, order or direction in
               the nature of mandamus commanding
               the respondent no.2 and 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.

               (iii) issue or pass any other and further
               order or direction which this Hon'ble
               Court may deem fit and proper in the
               circumstances of the case.
 2)      In the present case, both the petitioners belong

to the same faith and are major. Both the petitioners

were in love and they wanted to marry each other, so

they left the house and have solemnized their marriage

on 05.07.2022 as per Muslim rites and rituals. The learned

counsel for the petitioners submits that the petitioners

have already made a representation on 16.08.2022 before

the Senior Superintendent of Police, District Dehradun-

respondent no.2 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.

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

the Writ Petition by directing the Senior Superintendent

of Police, District Dehradun- respondent no. 2 to take a

decision    on     the    representation        of    the    petitioners

(Annexure No. 3) within 30 days from today. The Senior

Superintendent of Police, District Dehradun shall                  take

information       and    intelligence    from        the    SHO, Police

Station-Vikasnagar, District Dehradun during the course

of action whether further police protection is required or

not. In     the   interregnum,        the SHO, Police Station -

Vikasnagar, District Dehradun shall provide necessary


                                  2
 police protection for protecting the lives and liberty of the

petitioners.

4)      Let a free 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.

5)      The Writ Petition is, hereby, disposed of.

6)      In sequel thereto, all pending applications stand

disposed of.

7)      Urgent copy of this order be supplied to the

learned counsel for the parties during the course of the

day, as per Rules.



                                 ________________
                                  VIPIN SANGHI, C.J.



                     _______________________
                     RAMESH CHANDRA KHULBE, J.

Dated: 18th August, 2022 BS/SS