WPCRL/67/2023
2023 Latest Caselaw 157 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


                             10TH JANUARY, 2023
              WRIT PETITION (CRL) No. 67 OF 2023


     Between:

     Aarsi and another                                                ...Petitioners

     and

     State of Uttarakhand & others.                                 ...Respondents

     Counsel for the petitioners.                :   Mr. Shariq Khursheed, Advocate, holding
                                                     brief of Mr. Gaurav Singh, 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
               adequate protection to the petitioners from Respondent No.
               3, and other relatives of petitioner no. 1, so that they may
               live peaceful life."



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 09.10.2022 as per Muslim

customs and registered their marriage in the office of

Mohammadan Marriages & Divorces Registrar & Kazi, Govt. of

West       Bengal,          Law     Department             Hariharpara,          District

                                             1
 Murshidabad on 09.10.2022 (Copy of the marriage certificate

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



3.         The learned counsel for the petitioners submits that

the petitioners have already made a representation on

22.11.2022 before the Senior Superintendent of Police,

District Haridwar- respondent no. 1 for protecting their lives,

a copy whereof is annexed as Annexure No. 5 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. 5)

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 Ranipur,

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
                                2
 stand disposed of.



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