Uttarakhand High Court
Nishu And Another ...... ... vs State Of Uttarakhand And Others on 18 August, 2022
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
THE CHIEF JUSTICE SHRI VIPIN SANGHI
AND
JUSTICE SHRI RAMESH CHANDRA KHULBE
WPCRL No.1565 OF 2022
18th AUGUST, 2022
Nishu and Another ...... Petitioners
Vs.
State of Uttarakhand and others ...... Respondents
Presence: -
Shri R.P. Singh, 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): -
"1. To issue a writ, order or direction
in the nature of mandamus directing the
respondent no.2 to give police protection
to the petitioners so that they may spent
their marriage life peacefully and liberty
of the petitioners may be secured.
2. To issue a writ order or direction in
the nature of mandamus commanding or
directing the respondents not to interfere
in the peaceful and happy married life of
the petitioner no.1 & 2 in any manner.
3. To issue a writ order or direction in
the nature of mandamus commanding or
directing the respondents not to proceed
against the petitioners in any illegal
manner without having any authority.
4. To issue such other and further
writ, order or direction which this Hon'ble
Court may deem fit and proper under the
circumstances of the case; so that justice
be done."
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 16.08.2022 as per Hindu 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 Haridwar-
respondent no.1 for protecting their lives, a copy whereof
is annexed as Annexure No.2 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 Haridwar- respondent no.1 to take a
decision on the representation of the petitioners
(Annexure No. 2) within 30 days from today. The Senior
Superintendent of Police, District Haridwar shall take
information and intelligence from the SHO, Police
Station-Piran Kaliyar, District Haridwar during the course
2
of action whether further police protection is required or
not. In the interregnum, the SHO, Police Station - Piran
Kaliyar, District Haridwar shall provide necessary 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
SS
