Citation : 2023 Latest Caselaw 781 UK
Judgement Date : 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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