Parveen And Another ... vs State Of Uttarakhand Others
2022 Latest Caselaw 3415 UK

     IN THE HIGH COURT OF UTTARAKHAND AT
                   NAINITAL

       THE CHIEF JUSTICE SHRI VIPIN SANGHI
                       AND
      JUSTICE SHRI RAMESH CHANDRA KHULBE

                WPCRL No.1586 OF 2022

                    20th October, 2022



Parveen and Another                            ......Petitioners

                             Vs.

State of Uttarakhand others                 ......Respondents


Presence: -
Mr. B.S. Koranga, learned counsel for the petitioners.
Mr. Rakesh Joshi, learned Brief Holder for the State.

JUDGMENT: (Per Shri Ramesh Chandra Khulbe, J.)


           In this petition, petitioners have prayed for the

following relief(s): -

               i) Issue a writ order or direction in the
               nature of Mandamus commanding and
               directing the respondents no.1&2 to
               provide adequate police protection to the
               petitioners    as   they    are   seriously
               apprehending harm to their life and
               liberty at the hands of respondent no.3
               and other family members and relatives
               of petitioner no.1 who are not happy with
               the love marriage of petitioners.
               ii) Issue any other order or direction
               which this Hon'ble Court may deem fit
               and proper in the circumstances of the
               case.

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 left the house and have solemnized their marriage

on   03.08.2022        as   per       Muslim   rites   and    rituals.

Nikahanama is enclosed as annexure-2 to the writ-

petition. The petitioners are apprehending harm to their

life and liberty at the hands of respondent no.3 and other

family members and relatives of petitioner no.1, who are

not happy with the love marriage of petitioners. Having

been left with no other remedy, the petitioners have

filed the present Writ Petition.

3)      Learned counsel for the State submits that as per

the information, both the petitioners are residing in the

jurisdiction of Kaladhungi Police Station.

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

the Writ Petition by directing the petitioners to submit

their representation within ten days from today before

the Senior Superintendent of Police, District Nainital -

respondent no. 1 , who will t a k e a decision on the

representation    of    the   petitioners       within   30     days

thereafter. The Senior Superintendent of Police, District

Nainital shall take information and intelligence from the

SHO, Police Station Kaladhungi, District Nainital during

the course of action whether further police protection is

required or not. In the interregnum, the SHO, Police


                                  2
 Station     Kaladhungi,    District     Nainital   shall   provide

necessary police protection for protecting the lives and

liberty of the petitioners.

5)        Let a free copy of this order be immediately

handed over to Mr. Rakesh Joshi, the learned Brief

Holder for the State of Uttarakhand, for early compliance.

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

7)        In sequel thereto, all pending applications stand

disposed of.

8)        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.



                       _______________________
                       RAMESH CHANDRA KHULBE, J.

Dated: 20th October, 2022 SS/SK