Arshi B And Another ...... ... vs State Of Uttarakhand And Others
2022 Latest Caselaw 4160 UK

     IN THE HIGH COURT OF UTTARAKHAND AT
                   NAINITAL

       THE CHIEF JUSTICE SHRI VIPIN SANGHI
                       AND
      JUSTICE SHRI RAMESH CHANDRA KHULBE

                WPCRL No.2444 OF 2022

                  23rd December, 2022



Arshi B and Another                        ...... Petitioners

                             Vs.

State of Uttarakhand and others           ...... Respondents


Presence: -
Shri Manoj Kumar, 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): -

               i) An appropriate writ, order of direction
               in the nature of Mandamus commanding
               the Respondent No. 1 to 3 to provide
               proper and adequate protection and
               security to the life and liberty of the
               Petitioners from private Respondent and
               other persons associated with him.

               ii) A writ, order or direction in the nature
               of mandamus commanding the private
               Respondents not to interfere in the
               peaceful life 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. The
 learned counsel for the petitioners submits that the

petitioners have already made a representation before the

S.S.P, District Udham Singh Nagar-respondent no.2 for

protecting their lives, a copy whereof is enclosed 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 S.S.P, District Udham

Singh Nagar-respondent no.2 to take a decision on the

representation of the petitioner (Annexure No.2) within 30

days from today. The Senior Superintendent of Police,

Udham     Singh   Nagar     shall     take   information      and

intelligence   from   the   SHO, Police Station Sitarganj,

District Udham Singh Nagar-respondent no.3 during the

course of action whether further police protection is

required or not. In the interregnum, the SHO, Police

Station Sitarganj, 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, the learned Brief

Holder for the State of Uttarakhand, for early compliance.




                              2
 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 December, 2022 BS/SK