WPCRL/82/2022
2022 Latest Caselaw 126 UK

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL

                     SRI JUSTICE S.K. MISHRA, A.C.J.
                                 AND
                      SRI JUSTICE N.S. DHANIK, J.

14TH JANUARY, 2022

WRIT PETITION (CRL) No. 82 OF 2022

Between:

Smt. Shifa Naz alias Mannu and another.

...Petitioners and

State of Uttarakhand and others.

...Respondents

Counsel for the petitioners. : Mr. D.N. Sharma and Ms. Manju Bahuguna, the learned counsel.

Counsel for the respondent nos. 1 : Mr. J.S. Virk, the learned Deputy to 3. Advocate General for the State of Uttarakhand.

Upon hearing the learned Counsel, the Court made the following

JUDGMENT : (per Sri S.K. Mishra, A.C.J.)

In this writ petition, the petitioner has prayed

for the following reliefs :-

"i) A writ order or direction in the nature of in the nature of mandamus commanding the State respondent no. 1, 2 and 3 to protect the life and liberty of the petitioners from the respondent no. 4 & 5 and their associate/relatives by providing police protection to the petitioners and initiating appropriate action against the private respondents.

ii) any other suitable writ, order or direction which this Hon'ble Court of may deem fit and proper under the circumstances of the case."

2. It is apparent from the record that this is a

case of inter-caste marriage, and both the petitioners are afraid that their relations may cause harm to their

life, liberty and property. It is also brought to our notice

that as per Annexure No. 4, which is an application

dated 26.12.2021, they have already made an

application before the learned District Magistrate,

District-Udham Singh Nagar for necessary permission for

inter-caste marriage. But, it cannot be known whether

such permission has been granted, or not?

3. So, we dispose of the Writ Petition, firstly, by

directing the District Magistrate, District-Udham Singh

Nagar to consider the application dated 26.12.2021

within seven days from the date of production of a

certified copy of this order. The learned District

Magistrate, District-Udham Singh Nagar shall decide the

issue by passing a speaking order after affording

reasonable opportunity of hearing to the petitioners, and

any other such party as may be necessary.

4. We also grant liberty to the petitioners in the

interregnum to make a representation before the Senior

Superintendent of Police, District-Udham Singh Nagar

for appropriate protection. The Senior Superintendent of

Police, District-Udham Singh Nagar, shall take inputs

from the Station House Officer, Kotwali Rudrapur, and

shall assess the threat perception to the petitioners, and

thereafter appropriate protection shall be given to the

petitioners.

5. With such directions, the Writ Petition is

disposed of.

6. The petitioners are at liberty to file certified

copy of this order before the learned District Magistrate,

District-Udham Singh Nagar as well as the Senior

Superintendent of Police, District-Udham Singh Nagar.

7. The online downloaded copy of this order from

the official website of the High Court of Uttarakhand with

an endorsement by the learned counsel for the

petitioners that it is a true copy of the said order shall be

treated at par as a certified copy.

8. Urgent certified copy of this judgment be

granted to the parties during the course of the day on

proper application.

________________ S.K. MISHRA, A.C.J.

_____________ N.S. DHANIK, J.

Dt: 14th January, 2022 Rahul