Citation : 2022 Latest Caselaw 3958 UK
Judgement Date : 8 December, 2022
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
THE CHIEF JUSTICE SHRI VIPIN SANGHI
AND
JUSTICE SHRI RAMESH CHANDRA KHULBE
WPCRL No.2304 OF 2022
8th December, 2022
Smt. Tarannum and another ...... Petitioners
Vs.
State of Uttarakhand and others ...... Respondents
Presence: -
Shri Mohd. Alauddin, learned counsel for the petitioners.
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): -
(a) Issue a writ, order or direction in the
nature of mandamus commanding and
directing to the respondent nos.1, 2 and
3 to provide protection/security to the
petitioners and they may be directed to
ensure that the respondent no. 4 to 6
may not harass, threat and commit
violation to the petitioners in any
manner.
(b) Issue any other relief, which this
Hon'ble Court may deem fit and proper in
the circumstances of the case, be passed
in favour of the petitioners.
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 have solemnized their marriage on 17.09.2020 as
per Muslim rites and rituals (Nikahnama is enclosed as
Annexure-3). The learned counsel for the petitioners
submits that the petitioner no.1 has already made a
representation before the Senior Superintendent of
Police, District Haridwar- respondent no.2 for protecting
their lives, a copy whereof is annexed as Annexure No.6
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. 2 to take a
decision on the representation of the petitioner
(Annexure No.6) within 30 days from today. The Senior
Superintendent of Police, District Haridwar shall take
information and intelligence from the SHO, Police
Station Kotwali Laksar, District Haridwar during the
course of action whether further police protection is
required or not. In the interregnum, the SHO, Police
Station Kotwali Laksar, District Haridwar shall provide
necessary police protection for protecting the lives and
liberty of the petitioners.
2
4) Let a free copy of this order be immediately
handed over to Mr. Rakesh Joshi, the 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: 8th December, 2022 KKS/SS
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