Komal And Another ...... ... vs State Of Uttarakhand And Others
2022 Latest Caselaw 2159 UK

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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

                      WPCRL No.1383 OF 2022

                            19TH JULY, 2022


Komal and Another                                         ...... Petitioners

                                     Vs.

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


Presence: -
Shri Shariq Khurshid, learned counsel holding brief of Shri Gaurav Singh,
learned counsel for the petitioners.
Shri Rakesh Joshi, learned Brief Holder for the State.

JUDGMENT: (Per Shri R. C. Khulbe Justice)


             In this petition, petitioners have prayed for the

following relief(s): -

                   "(a) Issue a writ order or direction in the
                  nature of mandamus directing the respondents
                  No.1 & 2 to provide adequate protection to the
                  petitioners from respondent no.3, so that they
                  may live peaceful life.

                  (b)    Issue a suitable writ, order or direction
                  which this Hon'ble Court may deem fit and
                  proper in the facts and circumstances of the
                  present case."

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 left the house and have solemnized their marriage

on 14.07.2022 as per Hindu customs (Copy of the

marriage certificate is annexed as Annexure No. 3 to the
 writ petition). The learned counsel for the petitioners

submits      that     the    petitioners     have    already       made   a

representation         on     18.07.2022       before        the    Senior

Superintendent of Police, District Haridwar- respondent

no. 1 for protecting their lives, a copy whereof is

annexed as Annexure No. 4 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. 1 to take a

decision      on      the    representation     of     the     petitioners

(Annexure No. 4) 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 Pathri, District Haridwar-respondent

no.   2     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, 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.



                           ___________________
                                VIPIN SANGHI, C.J.



                                     ______________

                         RAMESH CHANDRA KHULBE, J.

Dated: 19th July, 2022 BS