Uttarakhand High Court
Neha And Another ...... ... vs State Of Uttarakhand And Others on 30 August, 2022
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
THE CHIEF JUSTICE SHRI VIPIN SANGHI
AND
JUSTICE SHRI RAMESH CHANDRA KHULBE
WPCRL No.1654 OF 2022
30th AUGUST, 2022
Neha and Another ...... Petitioners
Vs.
State of Uttarakhand and others ...... Respondents
Presence: -
Mr. Shailabh Pandey, learned counsel for the petitioners.
Mr. J.S. Virk, learned Deputy Advocate General along with
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 directing the
respondent nos.2 to 3 to provide
adequate security to the petitioners and
also to direct the respondent no.4 to 9
not to interfere in the life and liberty of
the petitioners, in any way.
ii. Issue a writ, order or direction in
the nature of mandamus directing the
Respondent no.1 & 2 to decide the
representation dated 30.08.2022
(Annexure No.3) and provide adequate
protection to the petitioners.
iii. Issue a writ, order or direction in
the nature of mandamus commanding
the Respondent nos.2 and 3 not to arrest
the present petitioners.
iv. Pass any other and further order,
which this Hon'ble Court may deem fit
and proper in the facts and circumstance
of the case."
2) In the present case, both the petitioners belong
to the same faith and are major. Both the petitioners are
in love with each other for the last two years and they
want to marry each other. The family members of the
petitioners are not ready to accept their marriage and
threatening of dire consequences if they think of getting
married to each other. The learned counsel for the
petitioners submits that the petitioner No.1-Neha has
already made a representation on 30.08.2022 before the
Senior Superintendent of Police, Rudrapur, District Udham
Singh Nagar - 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, Rudrapur, District Udham Singh Nagar -
respondent no.2 to take a decision on the
representation of the petitioner (Annexure No.3) within 30
days from today. The Senior Superintendent of Police,
Rudrapur, District Udham Singh Nagar shall take
2
information and intelligence from the SHO, Police
Station-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-Kashipur, District Udham Singh Nagar -
respondent no.3 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. 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: 30th August, 2022
SS/RB
