Uttarakhand High Court
WPCRL/330/2023 on 22 February, 2023
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
SRI JUSTICE VIPIN SANGHI, C.J.
AND
SRI JUSTICE ALOK KUMAR VERMA, J.
22ND FEBRUARY, 2023
WRIT PETITION (CRL) No. 330 OF 2023
Between:
Smt. Humaira and Another. .......Petitioners
and
State of Uttarakhand and others. ....Respondents
Counsel for the petitioners : Mr. Bilal Ahmed, learned counsel.
Counsel for the respondent Nos. 1 : Mr. R.K. Joshi, learned Brief Holder for
& 2. the State of Uttarakhand.
Upon hearing the learned Counsel, the Court made the
following
JUDGMENT : (per Sri Alok Kumar Verma, J.)
In this petition, the petitioners have prayed for
the following reliefs: -
"1) Issue a writ, order or direction in the nature of
mandamus directing and commanding the respondent no. 1
& 2 to provide adequate police protection to the petitioners
from the respondent no. 3 to 4 who want to do away with
the life of petitioners in the name of family honor as
petitioners have performed inter cast marriage against the
wishes of respondent no. 3 to 4 and other family members
of petitioner no. 1.
2) Issue any other order or direction which this Hon'ble
Court may deem fit and proper in the circumstances of the
case.
3) Award cost of the petition."
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 marriage according to Muslim rites and
rituals (A copy of the Nikahnama is annexed as Annexure
No. 3 to the writ petition).
3. Learned counsel for the petitioners submits that
the petitioners have already made a representation on
17.02.2023 before the Senior Superintendent of Police,
District Haridwar- respondent no. 1 for protecting their lives,
a copy whereof is annexed as Annexure No. 4 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 Haridwar- respondent no. 1 to take a decision
on the representation of the petitioners (Annexure No. 4)
within 30 days from today. The Senior Superintendent of
Police, District Haridwar 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 P.S. Kotwali
SIDCUL, District Haridwar -respondent no. 2 shall provide
necessary police protection for protecting the lives and
liberty of the petitioners.
5. Consequently, pending applications, if any, also
stand 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.
___________________
ALOK KUMAR VERMA, J.
Dt: 22nd February, 2023
Rathour
