Sakshi And Another vs State Of Uttarakhand And Others
2022 Latest Caselaw 2248 UK

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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

                      WPCRL No.1423 OF 2022

                            22nd JULY, 2022


Sakshi and Another                                        ...... Petitioner

                                     Vs.

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


Presence: -
Shri Alok Kumar, learned counsel for the petitioners.
Shri J.S. Virk, learned Deputy Advocate General for the State.

JUDGMENT: (Per Shri Ramesh Chandra Khulbe, J.)


             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 official of
                  respondent nos.1 & 2 to provide adequate
                  protection of life and liberty to the peitioners
                  from the private respondent nos.3 to 12.

                  (b)     Issue a writ, order or direction in the
                  nature of Mandamus directing the private
                  respondent nos.3 to 12 not to extend the life
                  threat to the petitioners and further not to
                  interfere in the day-to-day affairs of the
                  petitioner no.1 & 2."

2)        Both the petitioners are present before the Court

and stated that they both belong to the same faith and are

major.

3)        Both the petitioners were having love affairs with

each     other for two         years. Now, they            are   in   live-in

relationship and residing in the same village. Both are major
 and       with   their       consent,         have      established    physical

relationship and presently petitioner no.1 is pregnant of

seven months. The private respondent nos.3 to 12, who are

relatives of the petitioners, are extending threats to life and

liberty of the petitioners. Having been left with no other

remedy, the petitioners have filed the present Writ Petition.

4)         Petitioner no.1 - Sakshi was produced before the

Child Welfare Committee, Haridwar. As per its report

dated 14.07.2022, her date of birth was found to be

01.01.2022. The report of Child Welfare Committee Haridwar

is on record, which is Annexure-2.

5)         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 assess threat

perception to the life and liberty of the petitioners for a

period of 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 concerned SHO, District Haridwar shall

provide necessary police protection for protecting the lives

and liberty of the petitioners.

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

                                          2
 compliance.

7)      The Writ Petition is, hereby, disposed of.

8)      In sequel thereto, all pending applications stand

disposed of.

9)      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: 22nd July, 2022 SS