Uttarakhand High Court
WPCRL/34/2023 on 6 January, 2023
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
SRI JUSTICE VIPIN SANGHI, C.J.
AND
SRI JUSTICE MANOJ KUMAR TIWARI, J.
6TH JANUARY, 2023
WRIT PETITION (CRL) No. 34 OF 2023
Between:
Akansha and another. .......Petitioners
and
State of Uttarakhand and others. ....Respondents
Counsel for the petitioners : Mr. Shariq Khursheed, proxy counsel
for Mr. Gaurav Singh, learned counsel.
Counsel for the respondents : Mr. R.K. Joshi, learned Brief Holder for
the State of Uttarakhand.
Upon hearing the learned Counsel, the Court made the
following
JUDGMENT : (per Sri Manoj Kumar Tiwari, J.)
In this petition, the petitioners have prayed for
the following reliefs: -
"(a) Issue a writ order or direction in the nature of
mandamus directing the respondent No. 1 & 2 to provide
adequate protection to the petitioners from respondent No.
3, so that they may live peaceful life.
(b) Issue a suitable writ, order or direction which this
Hon'ble Court may deem fit and proper in the facts and
circumstances of the present case.
(c) Award the cost of the petition to the 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 18.09.2022 as per Hindu
customs at Tanda Mazra, Budhana, Muzaffarnagar, Uttar
Pradesh, and on 10.10.2022, they got the same registered
in the Office of the Sub-Registrar / Registrar of Hindu
Marriages, Budhana (Muzaffarnagar), Uttar Pradesh (Copy
of the marriage certificate is annexed as Annexure No. 3 to
the writ petition).
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 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 Laksar, 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.
____________________
MANOJ KUMAR TIWARI, J.
Dt: 6th January, 2023
Rathour
