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WPCRL/461/2023
2023 Latest Caselaw 781 UK

Citation : 2023 Latest Caselaw 781 UK
Judgement Date : 23 March, 2023

Uttarakhand High Court
WPCRL/461/2023 on 23 March, 2023
    IN THE HIGH COURT OF UTTARAKHAND
               AT NAINITAL
          HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                             AND
            HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                          23RD MARCH, 2023

         WRIT PETITION (CRL) No. 461 OF 2023

Between:

Aayushi Dhiman and another.                                     ...Petitioners

and

State of Uttarakhand and others.                             ...Respondents

Counsel for the petitioners.          :    Mr. Alok Verma, learned counsel.

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


JUDGMENT : (per Sri Vipin Sanghi, C.J.)

              In this writ petition, the petitioners have

prayed for the following reliefs :-

              "a.     Issue a writ, order or direction in the nature of
                      Mandamus directing the respondent nos. 1 to 2
                      to provide the adequate security of the life and
                      personal liberty of the petitioners from the
                      private respondent nos. 3 to 9.

              b.      Issue a writ, order or direction in the nature of
                      Mandamus directing the private respondent nos.
                      3 to 9 not to extend the life threat to the
                      petitioners and further not to interfere in the
                      day-to-day affairs of the petitioners.

              c.      Issue any other writ order or direction, which
                      this Hon'ble Court may deem fit and proper in
                      the circumstances of this case.

              d.      Award the           cost   of   writ   petition   to    the
                      petitioners."
 2.         According to the petition, as per the Aadhaar

Cards and the High School Certificates, which are

annexed    as   Annexure-2       to    the   writ   petition,   the

petitioners are major. On 09.10.2021, they solemnized

their marriage. A copy of the Marriage Certificate is

annexed as Annexure No. 1 to the writ petition.


3.         Learned counsel for the petitioners submits

that the private respondents, who are the relatives of

petitioner no. 1, are annoyed with the marriage of the

petitioners. Petitioners have apprised this Court that

they have threat perception at the hands of the private

respondents. They have already made a representation

on 21.03.2023 before the Senior Superintendent of

Police,   District   Haridwar,        respondent    no.   2,    for

protecting their lives (Annexure No. 3), but nothing has

been done as yet. Having been left with no other

remedy, they have filed the present Writ Petition.


4.         In that view of the matter, the 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

petitioners (Annexure No. 3) within 30 days from today.

The Senior Superintendent of Police, District Haridwar

                                 2
 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 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 petitioners by the end of the day.




                                    ________________
                                     VIPIN SANGHI, C.J.


                                 ___________________
                                 ALOK KUMAR VERMA, J.

Dt: 23rd March, 2023 Rahul

 
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