Uttarakhand High Court
Nasrin & Another ...... ... vs State Of Uttarakhand & Others on 6 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
06TH APRIL, 2023
WRIT PETITON (CRIMINAL) NO.519 OF 2023
Nasrin & Another ...... Petitioners
Vs.
State of Uttarakhand & Others ......Respondents
Counsel for the Petitioners : Mr. S.K. Mandal,
Advocate.
Counsel for the Respondent : Mr. Rakesh Joshi, Brief
Nos.1 to 3. Holder.
Upon hearing the learned counsel for the parties, this
Court made the following judgment :
(Per : Shri Alok Kumar Verma, J.)
In this writ petition, the petitioners have prayed
for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of
mandamus directing and commanding the respondent
nos.1 to 3 to give necessary protection of life and
liberty to the petitioners from the respondent nos. 4 to
8 to the writ petition.
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(ii) Issue a suitable writ, order or direction which this
Hon'ble Court may deem fit and proper in the
circumstances of the case."
2. The case of the petitioners is that they are same
faith. They are major. They got married on 14.03.2023.
Kazi of Khateeb Masjid, Saharanpur has issued the marriage
certificate/Nikahnama dated 14.03.2023 (Annexure No.3 to
the writ petition). The father and relatives of the father of
petitioner no.1, who are private respondent nos.4 to 8, are
annoyed with the marriage of the petitioners and they are
threatening that they will end the life of the petitioners.
3. As per the Aadhar Cards of petitioner no.1 and
petitioner no.2, annexed to this writ petition, they are
major. Petitioners are present in-person before this Court.
They have apprised that they have threat perception at the
hands of the private respondent nos.4 to 8, who are father,
brothers and uncles of petitioner no.1 respectively. Against
the said threat, petitioner no.1 has filed a Complaint Case
(No.351 of 2023) before the Court of IIIrd Judicial
Magistrate, Sultanpur.
4. According to the petitioners, petitioner no.1 has
submitted a representation dated 01.04.2023 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 the lives
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of petitioners. Having been left with no other remedy,
petitioners have filed the present writ petition.
5. We do not say anything about the marriage of the
petitioners. But it is to be noted that petitioners are major.
They are free to marry anyone they like according to law
and it is also to be noted that no one can be allowed to take
law in their 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 petitioner no.1 (Annexure No.6) 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, respondent no.3-the Station House Officer,
Police Station Roorkee, District Haridwar, 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.
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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: 06.04.2023
JKJ/Pant
