Nigarish And Another. ... vs State Of Uttarakhand And Others
2022 Latest Caselaw 1624 UK

    IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL

               SRI JUSTICE MANOJ KUMAR TIWARI, J.

AND SRI JUSTICE RAMESH CHANDRA KHULBE, J.

25TH MAY, 2022

WRIT PETITION (CRL) No.955 OF 2022

Nigarish and another. ...Petitioners

Vs.

State of Uttarakhand and others. ...Respondents

Counsel for the petitioners. : Mr. Rajveer Singh, the learned counsel.

Counsel for the respondent : Mr. J.S. Virk, the learned nos.1 & 2. Deputy Advocate General along with Mr. Rakesh Kumar Joshi, learned Brief Holder for the State.

Upon hearing the learned Counsel, the Court made the following

JUDGMENT : (per Sri R.C. Khulbe, J.)

In this Writ Petition, the petitioners have

prayed for the following reliefs :-

"i) issue a writ, order or direction in the nature of mandamus directing the respondent nos.1 & 2 to provide the police protection to the petitioners against the threatening and illegal action of respondent no.3 and his associates.

ii) issue a writ, order or direction in the nature of mandamus directing the respondent no.3 not to infringe the fundamental right of the petitioners.

iii) issue any writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.

iv) issue a writ, order or direction in the nature of mandamus directing the respondent no.1 and 2 to decide the representation dated 06.05.2022 of the petitioner submitted to the respondents no.1 and 2 by the petitioners."

2. Petitioners are present before the Court. As

per the documents, both are major and belong to the

same faith; the marriage certificate is on record; there

is a threat perception from the side of respondent

no.3.

3. The learned counsel for the petitioners

submits that the petitioners have already made a

representation on 0 6 .05.2022 before the Senior

Superintendent of Police, District Haridwar-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.

4. In that view of the matter, we hereby

dispose of the Writ Petition by directing the Senior

Superintendent of Police, Haridwar-respondent no.2

to take a decision on the representation of the

petitioners dated 06.05.2022 within 2 1 days from

today. In the interregnum, the S.S.P., Haridwar,

District Haridwar-respondent no. 2 shall provide

necessary police protection for protecting the lives and

liberty of the petitioners.

5. Interim relief application (IA No.1 of 2022)

is also disposed of accordingly.

M.K. TIWARI, J.

R.C. KHULBE, J.

Dt: 25TH MAY, 2022 BS/SS