WPCRL/425/2022
2022 Latest Caselaw 717 UK

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL

                     SRI JUSTICE S.K. MISHRA, A.C.J.
                                 AND
                      SRI JUSTICE R.C. KHULBE, J.

11TH MARCH, 2022

WRIT PETITION (CRL) No. 425 OF 2022

Between:

Rukshar and another. ...Petitioners and

State of Uttarakhand and others.

...Respondents

Counsel for the petitioners. : Mr. M.A. Khan, the learned counsel.

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

Upon hearing the learned Counsel, the Court made the following

JUDGMENT : (per Sri S.K. Mishra, A.C.J.)

In this Writ Petition, the petitioners have

prayed for the following reliefs :-

"(a) 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 petitioners may be secured.

(b) 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. The learned counsel for the petitioners

submits that on 28.02.2022 the petitioners have already made a representation 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.

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

of the Writ Petition by directing the SHO, P.S. Gadarpur,

District Udham Singh Nagar to provide protection of

twenty-one days to the petitioners. In the meantime,

the Senior Superintendent of Police, Udham Singh

Nagar-respondent No. 2 shall take a decision on the

representation of the petitioners (Annexure No. 3) after

taking appropriate information from the SHO concerned,

or any other reliable sources.

4. 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.

5. Urgent copy of this order be supplied to the

learned counsel for the parties, as per Rules.

6. Interim relief application (IA No. 01 of 2022)

is also disposed of accordingly.

________________ S.K. MISHRA, A.C.J.

____________ R.C. KHULBE, J.

Dt: 11th March, 2022 Rathour