WPCRL/1327/2022
2022 Latest Caselaw 2106 UK

       IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

                       SRI JUSTICE VIPIN SANGHI, C.J.
                                   AND
                        SRI JUSTICE R.C. KHULBE, J.

13th JULY, 2022 WRIT PETITION (CRL) No. 1327 OF 2022 Between:

Sagar and another. .......Petitioners

and

State of Uttarakhand and others. ....Respondents

Counsel for the petitioners : Mr. Vaibhav Singh Chauhan, learned counsel.

Counsel for the respondents : Mr. J.S. Virk, learned Deputy Advocate General with Mr. R.K. Joshi, learned Brief Holder for the State of Uttarakhand.

Upon hearing the learned Counsel, the Court made the following

JUDGMENT : (per Sri Vipin Sanghi, C.J.)

In this petition, the petitioners have prayed for

the following reliefs: -

"i. Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 2 & 3 to provide the adequate security to the life and liberty of the petitioners.

ii. issue a writ, order or direction in the nature of mandamus commanding respondent No. 4 to 8, not to interfere in the personal life and liberty of the petitioners. iii. issue or pass any other and further order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

iv. Award the cost of the writ petition 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 20.01.2022 as per Hindu

customs (Copy of the marriage certificate is annexed as

Annexure No. 2 to the writ petition).

3. The learned counsel for the petitioners submits

that the petitioners have already made a representation on

07.03.2022 before the Senior Superintendent of Police,

District Haridwar- 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.

4. 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 petitioners (Annexure No. 3)

within 30 days from today. The Senior Superintendent of

Police, District Haridwar shall take information and

intelligence from the concerned SHO during the course of

action whether further police protection is required or not.

In the interregnum, the SHO, Police Station Kotwali

Jwalapur, District Haridwar-respondent no. 3 shall provide

necessary police protection for protecting the lives and

liberty of the petitioners.

5. In sequel thereto, pending application, if any, also

stands disposed of.

6. Let a free copy of this order be immediately

handed over to Mr. J.S. Virk, the learned Deputy Advocate

General for the State of Uttarakhand, for early compliance.

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.

____________ R.C. KHULBE, J.

Dt: 13th July, 2022 Rathour