Uttarakhand High Court
Mahenoor And Another ...... ... vs State Of Uttarakhand And Others on 23 August, 2022
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
THE CHIEF JUSTICE SHRI VIPIN SANGHI
AND
JUSTICE SHRI RAMESH CHANDRA KHULBE
WPCRL No.1592 OF 2022
23rd AUGUST, 2022
Mahenoor and Another ...... Petitioners
Vs.
State of Uttarakhand and others ...... Respondents
Presence: -
Shri Davesh Bishnoi, 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 directing the
respondent no. 1, to provide Police
protection to the petitioners from the
respondent nos. 3 to 8, in case they are
harassed by the respondent nos. 3 to 8,
in connection with their (Petitioners')
marriage;
ii) Issue a writ, order or direction in the
nature of certiorari to quash the First
Information Report (F.I.R.), if any,
registered against the petitioners, in
connection with their marriage.
iii) Issue a writ, order or direction in the
nature of mandamus directing the
respondent no. 2, not to arrest the
petitioners in pursuance of the First
Information Report, if any, registered
with the respondent no. 2, against the
petitioners, in connection with their
marriage.
iv) Issue any other order or direction,
which this Hon'ble Court may deem fit
and proper in the facts and
circumstances of 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 16.08.2022 as per Muslim rites and rituals. The
learned counsel for the petitioners submits that the
petitioners have already made a representation on
22.08.2022 before the Senior Superintendent of Police,
District Udham Singh Nagar- respondent no.1 for
protecting their lives, a copy whereof is annexed as
Annexure No.4 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 Udham Singh Nagar- respondent no. 1
to take a decision on the representation of the
petitioners (Annexure No. 4) within 30 days from today.
The Senior Superintendent of Police, District Udham Singh
2
Nagar shall take information and intelligence from the
SHO, Police Station-ITI, Kashipur, District Udham Singh
Nagar during the course of action whether further
police protection is required or not. In the interregnum,
the SHO, Police Station-ITI, Kashipur, District Udham
Singh Nagar 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: 23rd August, 2022
BS/SS
