Uttarakhand High Court
WPCRL/1422/2022 on 26 July, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
AND
THE HON'BLE SRI JUSTICE RAMESH CHANDRA KHULBE
WRIT PETITION (CRIMINAL) NO. 1422 OF 2022
26th JULY, 2022
Between:
Naziya ...... Petitioner
and
State of Uttarakhand & others ...... Respondents
Counsel for the petitioner : Mr. Bilal Ahmed, learned counsel
Counsel for the respondents : Mr. Rakesh Kumar Joshi, learned
Brief Holder for the State of
Uttarakhand / respondent Nos. 1
and 2
The Court made the following:
JUDGMENT: (per Hon'ble Justice Sri R.C. Khulbe)
In this petition, the petitioner has prayed for
the following reliefs :
"i) Issue a writ, order or direction in the nature of
mandamus directing the respondent Nos. 1
and 2 to provide adequate security and police
protection to the petitioner from the
respondent No. 3 and their other family
members and relatives as they are torturing,
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harassing and victimizing the petitioner to
implicate one innocent person Salman due to
their enmity and force petitioner as a weapon
/ tool, but the petitioner is not ready to act as
per his wishes and is willing to live her life as
per her wishes independently.
ii) Issue any other order or direction which this
Hon'ble Court may deem fit and proper in the
circumstances of the case."
2) The case of the petitioner is that she is aged
about 18 years, and her date of birth is 02.07.2004.
Petitioner has six siblings, including five sisters and one
brother. Petitioner is fourth child of her parents. It is
alleged by the petitioner, that her father, respondent No.
3 herein, has personal grudge with one Salman and due
to animosity, respondent No. 3 lodged an FIR against
Salman at P.S. Jwalapur, District Haridwar, which was
registered as case crime No. 701 of 2021, under Section
363 and 366A of IPC.
3) It is also alleged by the petitioner that her
parents forced her to give statement against the accused
Salman, but she denied obeying their commands, as she
did not want to be used as a tool at their hands.
According to the petitioner, during her examination as
P.W. 1, before the Special Judge, POCSO Act, Haridwar,
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on 22.03.2022, in Special Sessions Trial No. 16 of 2022,
State Vs Salman, she straight away denied the fact that
accused Salman took her forcibly to Meerut and Delhi,
and committed rape on her. Petitioner also stated that
no Nikah was ever performed between her and the
accused. She also stated that no compromise ever took
place between her family and the accused.
4) According to the petitioner, soon after
recording of her statements before the court below, the
respondent No. 3, father of the petitioner, and her other
family members started severely torturing and harassing
her, and even subjected her to physical torture, as a
consequence of which, her life became miserable. It is
further alleged that respondent No. 3 and her other
family members are continuously pressurizing the
petitioner to obey their commands, but she is not willing
for the same, and she want to live her life independently
as per her wishes. It is stated by the petitioner that
respondent No. 3 and her other family members even
threatened her with dire consequences, in case, she did
not act as per their dictum. According to the petitioner,
her life and liberty is under continuous threat as her
family members are not permitting her to live her life
freely and independently.
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5) Counsel for the petitioner submits that the
petitioner has already made representation before the
Senior Superintendent of Police, District Haridwar,
respondent No. 1, for protecting her live and liberty, 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 petitioner has filed the
present writ petition.
6) In that view of the matter, we hereby dispose
of the writ petition by directing the Senior
Superintendent of Police, Haridwar, respondent No. 1, to
take a decision on the representation of the petitioner
(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 police protection is
required on not. In the interregnum, the SHO, Police
Station Jwalapur, District Haridwar - respondent No. 2,
shall provide necessary police protection for protecting
the life and liberty of the petitioner.
7) Interim Relief Application (IA No. 01 of 2022)
also stands disposed of.
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8) Let a free copy of this order be immediately
handed over to Mr. Rakesh Kumar Joshi, the learned
Brief Holder for the State of Uttarakhand, for early
compliance.
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.
__________
R.C. Khulbe, J.
Dt: 26th JULY, 2022
Negi
