WPCRL/1363/2022
2022 Latest Caselaw 2148 UK

            IN THE HIGH COURT OF UTTARAKHAND

                                 AT NAINITAL
                 THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                         AND
                       THE HON'BLE SRI JUSTICE R.C. KHULBE

               WRIT PETITION (CRL) NO. 1363 OF 2022

                               18TH JULY, 2022

BETWEEN:

Muskan & another                                                   .....Petitioners.
And

State of Uttarakhand & others                                      ....Respondents.

Counsel for the Petitioners : Mr. Akshay Latwal, learned counsel.

Counsel for the Respondent nos.1 to 3 : Mr. J.S. Virk, learned Deputy Advocate General with Mr. R.K.

Joshi, learned Brief Holder.

The Court made the following:

JUDGMENT:(per Hon'ble Sri R.C. Khulbe, 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.1 to 3 to provide necessary protection to the petitioners from respondent nos.4 to 8.

ii. Issue any other order or direction which this Hon'ble High Court may deem fit and proper in the facts and circumstances of the case.

iii. Award the cost of the writ petition to 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 13.07.2022 at Shiv Mandir,

near Gurunanak Schook, Rudrapur, District Udham Singh

Ngar 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

13.07.2022 before the Senior Superintendent of Police,

District Udham Singh Nagar- respondent no. 2, and the

Station House Officer, P.S. Rudrapur, District Udham Singh

Nagar-respondent no.3 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 Udham Singh Nagar- 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 Udham Singh Nagar 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 Rudrapur, District

Udham Singh Nagar-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. Urgent certified 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.) Dated: 18th July, 2022 NISHANT