Uttarakhand High Court
WPCRL/1985/2022 on 21 October, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
SRI JUSTICE VIPIN SANGHI, C.J.
AND
SRI JUSTICE RAMESH CHANDRA KHULBE, J.
21st October, 2022
WRIT PETITION (CRL) No. 1985 OF 2022
Between:
Labli and another. .......Petitioners
and
State of Uttarakhand and others. ....Respondents
Counsel for the petitioners : Ms. Meenu.
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 Vipin Sanghi, C.J.)
In this petition, the petitioners have prayed for
the following relief: -
"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."
2. In the present case, both the petitioners belong to
Hindu religion and are major. As both the petitioners were in
love, they solemnized marriage with each other on
12.10.2022 at Van Shakti Mata Mandir, Pantnagar, District
Udham Singh Nagar. It is alleged in the writ petition that the
private respondents are against the marriage of the
petitioners, and because of the marriage, they are
threatening the petitioners with dire consequences.
3. The learned counsel for the petitioners submits
that the petitioners have already made a representation on
17.10.2022 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.
4. In that view of the matter, we hereby dispose of
the writ petition by directing the Senior Superintendent of
Police, District Udham Singh Nagar- respondent no. 2 to
take a decision on the representation of the petitioners
(Annexure No. 3) within 30 days from today. The Senior
Superintendent of Police, District Udham Singh Nagar 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 Rudrapur, District Udham Singh Nagar -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:21st October, 2022
Rathour
