Uttarakhand High Court
Smt. Visha & Another ...... ... vs State Of Uttarakhand & Others on 21 April, 2023
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE THE CHIEF JUSTICE SHRI VIPIN SANGHI
AND
HON'BLE JUSTICE SHRI ALOK KUMAR VERMA
21ST APRIL, 2023
WRIT PETITON (CRIMINAL) NO.572 OF 2023
Smt. Visha & Another ...... Petitioners
Vs.
State of Uttarakhand & Others ......Respondents
Counsel for the Petitioners : Ms. Sukhwani Singh,
Advocate.
Counsel for the Respondent : Mr. J.S. Virk, Deputy
Nos.1 to 3. Advocate General.
Upon hearing the learned counsel for the parties, this
Court made the following judgment :
(Per : Shri Alok Kumar Verma, J.)
Petitioners have filed the present petition under
Article 226 of the Constitution of India with the following
reliefs:-
"(i) Issue a writ, order or direction in the nature of
Mandamus commanding the Respondent Nos. 2 and 3
to provide the adequate protection and security to the
petitioners for safeguarding the life and liberty of the
petitioners.
(ii) Issue a writ, order or direction in the nature of
Mandamus commanding Respondent Nos. 4 to 8 not to
interfere in the personal life and liberty of the
petitioners.
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(iii) Issue or pass any other and further order or
direction which this Hon'ble court may deem fit and
proper in the circumstances of the case.
(iv) Award the cost of the writ petition in favour of the
petitioners."
2. The case of the petitioners is that they belong to
the same faith and caste. They are major. They got married
on 19.04.2023 of their own free will and against the will of
the private respondent nos.4 to 8.
3. As per the Certificate-Cum-Marksheets of High
School and copy of Aadhar Cards of petitioner nos.1 & 2,
annexed to this writ petition, they are major. Petitioners are
present in-person before this Court. Petitioners have
apprised this Court that they have threat perception at the
hands of the private respondent nos.4 to 8, who are father,
brother-in-law and cousins of the petitioner no.1
respectively.
4. According to the petitioners, petitioner no.1 has
submitted a representation dated 20.04.2023 before the
Senior Superintendent of Police, Haridwar, seeking
adequate safety and security for the petitioners, but no
action has been taken by the police for protecting their
lives. Having been left with no other remedy, petitioners
have filed the present writ petition.
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5. Petitioners are major. Merely, because the private
respondent nos.4 to 8, family members of petitioner no.1,
are not agree with the marriage of the petitioners, it does
not permit them to take the law in their own hands.
6. 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 within 30 days from today. The Senior
Superintendent of Police, District Haridwar shall take
information and intelligence from the concerned Station
House Officer during the course of action whether police
protection is required or not. In the interregnum, Station
House Officer, Police Station Laksar, District Haridwar, the
respondent no.3, shall provide necessary police protection
for protecting the lives and liberty of the petitioners.
7. Interim Relief Application (IA No. 01 of 2023) also
stands 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.
___________________
ALOK KUMAR VERMA, J.
Dated: 21.04.2023
JKJ/Pant
