Uttarakhand High Court
WPCRL/399/2023 on 3 March, 2023
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
SRI JUSTICE VIPIN SANGHI, C.J.
AND
SRI JUSTICE ALOK KUMAR VERMA, J.
3RD MARCH, 2023
WRIT PETITION (CRL) No. 399 OF 2023
Between:
Sofiya Parveen .......Petitioner
and
State of Uttarakhand and Others. ....Respondents
Counsel for the Petitioner : Mr. Rajveer Singh, Advocate.
Counsel for the Respondent Nos. 1 : Mr. R.K. Joshi, Brief Holder for the
&2 State of Uttarakhand.
Upon hearing the learned Counsel, the Court made the
following
JUDGMENT : (per Sri Alok Kumar Verma, J.)
In this writ petition, the petitioner has prayed for
the following reliefs: -
"(a) A writ, order or direction in the nature of
mandamus directing the Respondent No. 1, and 2 to
provide protection to the petitioner against the
threatening and illegal action of respondent no. 3.
(b) A writ, order or direction in the nature of
mandamus directing the Respondent No. 3 not to
infringe the fundamental right of the petitioner.
(c) A writ, order or direction which this Hon'ble Court
may deem fit and proper in the facts and
circumstances of the present case.
(d) A writ, order or direction to the Respondent No. 2
to decide the representation of the petitioner dated
02.01.2023, submitted to the respondent no.2."
2. According to the petition, as per the Aadhar Card
and the High School Certificate, which are annexed as
Annexure-1 to the writ petition, petitioner is major. On
17.10.2022, she solemnized her marriage with one
Mohammad Nabil, S/o Ishrat, R/o Bharat Nagar, Civil Line,
Roorkee, District Haridwar. A copy of the Nikahnama is
annexed as Annexure No. 3 to the writ petition.
3. Learned counsel for the petitioner submits that
respondent No. 3, the father of the petitioner, is annoyed
with the marriage of the petitioner with Mohammad Nabil.
Petitioner has apprised this Court that she has threat
perception at the hands of the private respondent, her
father. She has already made a representation on
02.01.2023 before the Senior Superintendent of Police,
District Haridwar, respondent no. 2, for protecting her life
(Annexure No. 3), but nothing has been done as yet. Having
been left with no other remedy, she has filed the present
Writ Petition.
4. In that view of the matter, present writ petition is
being disposed of by directing the Senior Superintendent of
Police, District Haridwar, respondent no. 2, to take a
decision on the representation of the petitioner (Annexure
No. 3) 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 concerned
shall provide necessary police protection for protecting the
life and liberty of the petitioner.
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 petitioner during the course of the
day, as per Rules.
________________
VIPIN SANGHI, C.J.
___________________
ALOK KUMAR VERMA, J.
Dt: 3rd March, 2023
Rathour
