WPCRL/1424/2022
2022 Latest Caselaw 2319 UK

       IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

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

27th JULY, 2022 WRIT PETITION (CRL) No. 1424 OF 2022 Between:

Armana and another .......Petitioners

and

State of Uttarakhand and others. ....Respondents

Counsel for the petitioners : Mr. Anant Dhaka, 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 R.C. Khulbe, J.)

In this petition, the petitioners have prayed for

the following reliefs: -

"i) To issue a writ order or direction in the nature of mandamus directing the respondent no. 2 & 3 to give police protection to the petitioners so that they may live their marital life peacefully and liberty of the petitioner may be secured.

ii) Issue a writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the 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 have

solemnized their marriage on 17.04.2022 as per Muslim 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

20.07.2022 before the Senior Superintendent of Police,

District Udham Singh Nagar- 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 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 Bazpur, 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. 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: 27th July, 2022 Rathour