WPCRL/1789/2022
2022 Latest Caselaw 3057 UK

            IN THE HIGH COURT OF UTTARAKHAND

                                 AT NAINITAL
                 THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                         AND
                       THE HON'BLE SRI JUSTICE R.C. KHULBE

               WRIT PETITION (CRL) NO. 1789 OF 2022

                         21ST SEPTEMBER, 2022

BETWEEN:

Amreen & another                                             .....Petitioners.
And

State of Uttarakhand & others                                ....Respondents.

Counsel for the Petitioners : Mr. Sachin, learned counsel.

Counsel for the Respondent nos.1 to 3 : Mr. Rohit Dhyani, learned Brief Holder.

The Court made the following:

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

In this petition, the petitioners have prayed for the

following reliefs:-

"i) Issue an appropriate writ, order or direction in the nature of mandamus commanding the respondent nos.1, 2 and 3 to provide proper and adequate protection and security to the life and liberty of the petitioners from private respondents and other persons associated with them.

ii) A writ, order or direction in the nature of mandamus commanding the private respondents not to interfere in the peaceful life of the petitioners.

iii) Any other order or direction which this Hon'ble High Court may deem fit and proper under the facts and 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 have

solemnized their Nikaha on 16.09.2020 as per Muslim rites

and rituals.

3. The learned counsel for the petitioners submits that

the petitioners have already made representation on

17.09.2022 to the Senior Superintendent of Police, District

Udham Singh Nagar - respondent no.2 for protecting their

lives, a copy whereof is annexed as Annexure No. 2 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. 2) 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 Kiccha, 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. Urgent certified 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.) Dated: 21st September, 2022 NISHANT