WPCRL/487/2022
2022 Latest Caselaw 878 UK

    IN THE HIGH COURT OF UTTARAKHAND
               AT NAINITAL

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

23RD MARCH, 2022

WRIT PETITION (CRL) No. 487 OF 2022

Between:

Khatija @ Chitra Bisht and another.

...Petitioners and

State of Uttarakhand and others.

...Respondents

Counsel for the petitioners. : Ms. Sheetal Selwal, 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 :-

"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 petitioners 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. The learned counsel for the petitioners

submits that the petitioners have already made a

representation on 11.03.2022 before the Senior

Superintendent of Police, District Nainital-respondent no.

2 for protecting their lives, 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, Nainital-respondent no. 2 to

take a decision on the representation of the petitioners

dated 11.03.2022 within 30 days from today. In the

interregnum, the SHO, Police Station Haldwani, District

Nainital-respondent no. 3 shall provide necessary police

protection for protecting the lives and liberty of the

petitioners.

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

onward communication and 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)

is also disposed of accordingly.

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

_____________ R.C. KHULBE, J.

Dt: 23rd March, 2022 Rahul