Uttarakhand High Court
WPCRL/68/2023 on 10 January, 2023
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
AND
HON'BLE SRI JUSTICE MANOJ KUMAR TIWARI
10TH JANUARY, 2023
WRIT PETITION (CRL) No. 68 OF 2023
Between:
Smt. Shivani and another ...Petitioners
and
State of Uttarakhand & others. ...Respondents
Counsel for the petitioners. : Mr. Mohd. Shafdar, Advocate, 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 commanding and directing the respondents no. 1
& 2 to provide adequate protection to the petitioners as they
are seriously apprehending harm to their life and liberty at
the hands of respondent no. 3 and other family member and
relatives of petitioner no.1 who are not happy with the love
marriage of petitioners."
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 07.01.2023 at Shiv Mandir,
Laksar, District Haridwar as per Hindu customs and registered
their marriage under the Uttarakhand Compulsory
Registration of Marriages Act, 2010, (Copy of the marriage
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certificate is annexed as Annexure No. 5 to the writ petition).
3. The learned counsel for the petitioners submits that
the petitioners have already made a representation on
09.01.2023 before the Senior Superintendent of Police,
District Haridwar- respondent no. 1 for protecting their lives,
a copy whereof is annexed as Annexure No. 6 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. 6)
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 Kotwali Manglour,
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.
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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: 10.01.2023
Kaushal/Mamta
