Citation : 2022 Latest Caselaw 3815 UK
Judgement Date : 28 November, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
SRI JUSTICE VIPIN SANGHI, C.J.
AND
SRI JUSTICE R.C. KHULBE, J.
28TH NOVEMBER, 2022 WRIT PETITION (CRL) No. 2186 OF 2022 Between:
Anjali Saini and another .......Petitioners
and
State of Uttarakhand and others. ....Respondents
Counsel for the petitioners : Mr. Hemant Pant, learned counsel.
Counsel for the respondents : 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. Issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 1, 2 & 3 to grant protection to the petitioners, which they apprehend to be breached by the respondent no. 4 to 6 and other relatives of the petitioner no. 1.
II. issue a writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case.
III. Award the cost of the petition."
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 10.11.2022 as per Hindu customs at Shiv Mandir, Court Campus, Roshanabad,
Haridwar, District Haridwar and on 14.11.2022, they got
the same registered in the Office of the Registrar,
Compulsory Registration of Marriages, Haridwar,
Uttarakhand (Copy of the marriage certificate is annexed as
Annexure No. 3 to the writ petition).
3. The learned counsel for the petitioners submits
that the petitioners have already made a representation on
16.11.2022 before the Senior Superintendent of Police,
District Haridwar- respondent no. 2 for protecting their lives,
a copy whereof is annexed as Annexure No. 4 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 Haridwar- respondent no. 2 to take a decision
on the representation of the petitioners (Annexure No. 4)
within 30 days from today. The Senior Superintendent of
Police, District Haridwar 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 Bhagwanpur,
District Haridwar-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. R.K. Joshi, learned Brief Holder 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: 28th November, 2022 Rathour
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