WPCRL/549/2022
2022 Latest Caselaw 1038 UK

        IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL

       THE ACTING CHIEF JUSTICE SHRI SANJAYA KUMAR MISHRA
                                 AND
                JUSTICE SHRI RAMESH CHANDRA KHULBE


               WRIT PETITION (CRL) NO. 549 OF 2022

                              31st MARCH, 2022
 Between:

 Neetu and another                                ......           Petitioners

 And

 State of Uttarakhand & others                   ......         Respondents


Counsel for the petitioners          :   Mr. Aniket Maini and Mr. Rahul
                                         Adhikari, learned counsel

Counsel for respondent Nos. 1 to 3 :     Mr. J.S. Virk, learned Deputy
                                         Advocate General assisted by Mr.
                                         Rakesh Kumar Joshi, learned Brief
                                         Holder for the State



 Upon hearing the learned Counsel, the Court made the
 following


 JUDGMENT:       (per the Acting Chief Justice Shri Sanjaya Kumar Mishra)




              In this Writ Petition, the petitioners have

 prayed for the following reliefs : -


        i)    Issue a writ, order or direction in the nature of

              mandamus commanding the respondent Nos. 1, 2

              and 3 to provide the adequate security to the life

              and liberty of the petitioners.


        ii)   Issue a writ, order or direction in the nature of

              mandamus commanding the respondents not to
                                 2




            interfere in the personal life and liberty of the

            petitioners.


     iii)   Issue a writ, order or direction which this Hon'ble

            Court   may      deem        fit   and    proper   in    the

            circumstances of the case.


2)          The learned counsel for the petitioners submits

that both the petitioners are Hindu by religion but belong

to different castes. As both the petitioners were in love,

they got married with each other on 22.10.2021, as per

Hindu rites and rituals.             The learned counsel also

submits that both the petitioners are major. He further

submits that the petitioners have already made a

representation      on     25.03.2022          before    the   Senior

Superintendent of Police, Rudrapur, District Udham

Singh Nagar, and SHO, P.S. Kotwali Bazpur, District

Udham Singh Nagar 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.


3)          In that view of the matter, we hereby dispose

of   the    writ    petition        by     directing     the   Senior

Superintendent      of     Police,       Udham       Singh   Nagar    -
                                3




respondent     No.   2    to       take   a   decision    on     the

representation of the petitioners (Annexure No. 3) within

21 days from today. In the interregnum, the SHO, P.S.

Kotwali   Bazpur,    District       Udham     Singh      Nagar     -

respondent     No.   3    shall     provide   necessary        police

protection for protecting the lives and liberty of the

petitioners.


4)        Let a fee 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.


5)        Urgent copy of this order be supplied to the

learned counsel for the parties, as per Rules, during the

course of the day.


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


7)        Interim Relief Application (IA No. 01 of 2022)

also stands disposed of accordingly.


                          ____________________________
                          SANJAYA KUMAR MISHRA, A.C.J.


                               ______________________
                               RAMESH CHANDRA KHULBE, J.

Dated: 31st MARCH, 2022 Negi