Citation : 2022 Latest Caselaw 2722 UK
Judgement Date : 29 August, 2022
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
THE CHIEF JUSTICE SHRI VIPIN SANGHI
AND
JUSTICE SHRI RAMESH CHANDRA KHULBE
WPCRL No.1632 OF 2022
29th AUGUST, 2022
Smt. Khushi and Another ...... Petitioners
Vs.
State of Uttarakhand and others ...... Respondents
Presence: -
Mr. Mehboob Rahi, learned counsel for the petitioners.
Mr. Rakesh Joshi, learned B. H. 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 respondents no.1 & 2 to provide
adequate police protection to the
petitioners as they are seriously
apprehending harm to their life and
liberty at the hands of respondent no.3
to 5 and other family members and
relatives of petitioner no.1 who are not
happy with the love marriage of
petitioners.
ii) Issue any other order or direction
which this Hon'ble Court may deem fit
and proper in the circumstance 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 24.08.2022, as per marriage certificate enclosed as
Annexure-3. The learned counsel for the petitioners
submits that the petitioner No.1-Smt. Khushi has already
made a representation on 25.08.2022 before the Senior
Superintendent of Police, District Haridwar - respondent
no.1 for protecting their lives, a copy whereof is annexed
as Annexure No.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 Haridwar - respondent no.1 to take a
decision on the representation of the petitioner
(Annexure No.4) within 30 days from today. The Senior
Superintendent of Police, District Haridwar shall take
information and intelligence from the SHO, Police
Station-Gangnahar, Roorkee, District Haridwar during the
course of action whether further police protection is
required or not. In the interregnum, the SHO, Police
Station-Gangnahar, Roorkee, District Haridwar -
respondent no.2 shall provide necessary police
protection for protecting the lives and liberty of the
2
petitioners.
4) Let a free copy of this order be immediately
handed over to Mr. Rakesh Joshi, learned Brief Holder 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: 29th August, 2022 SS/SK
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