WPCRL/40/2023
2023 Latest Caselaw 131 UK

           IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
               HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                  AND
                HON'BLE SRI JUSTICE MANOJ KUMAR TIWARI


                              9TH JANUARY, 2023
              WRIT PETITION (CRL) No. 40 OF 2023


     Between:

     Smt. Laxmi & another.                                             ...Petitioners

     and

     State of Uttarakhand & others.                                  ...Respondents

     Counsel for the petitioners.                :   Mr. B.S. Koranga, Advocate, holding brief
                                                     of Mr. Vikas Kumar Guglani, learned
                                                     counsel.

     Counsel for the respondent Nos. 1 & 2       :   Mr. Rakesh Kumar Joshi, learned Brief
                                                     Holder for the State of Uttarakhand.



JUDGMENT : (per Sri Manoj Kumar Tiwari, J.)


               In this petition, the petitioners have prayed for the

following relief:-

                       "i) Issue a writ, order or direction in the nature of
               mandamus directing the respondent no. 1 and 2 to provide
               protection to the petitioners from the Respondent No. 3, and
               4, so that they can live peacefully."



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 on 02.01.2023 as per Hindu

customs at Sri Vankhandi Mahadev Shivalaya, Chakarpur

(Khatima), District Udham Singh Nagar (Copy of the marriage

certificate is annexed as Annexure No. 1 to the writ petition).


                                             1
 3.        The learned counsel for the petitioners submits that

the petitioners have already made a representation on

03.01.2023 before the Senior Superintendent of Police,

District Udham Singh Nagar- respondent no. 1 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. 1 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 Khatima, District

Udham Singh Nagar-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.



                             2
 6.        Let a free copy of this order be immediately handed

over to Mr. Rakesh Kumar 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.


                                        ______________
                                 MANOJ KUMAR TIWARI, J.

Dt: 09.01.2023 Navin