Citation : 2023 Latest Caselaw 890 UK
Judgement Date : 31 March, 2023
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE THE CHIEF JUSTICE SHRI VIPIN SANGHI
AND
HON'BLE JUSTICE SHRI ALOK KUMAR VERMA
31ST MARCH, 2023
WRIT PETITON (CRIMINAL) NO.499 OF 2023
Shri Salman Khan & Another ...... Petitioners
Vs.
State of Uttarakhand & Others ......Respondents
Counsel for the Petitioners : Mr. Abhishek Sati,
Advocate.
Counsel for the Respondent : Mr. J.S. Virk, Deputy
Nos.1 to 4. Advocate General.
Upon hearing the learned counsel for the parties, this
Court made the following judgment :
(Per : Shri Alok Kumar Verma, J.)
This Writ Petition has been filed seeking a
direction to the respondent nos.5 to 10 not to cause any
disturbance in the marital life of the petitioners, and to
issue a direction to the respondent nos.1 to 4 to provide
adequate police protection to them from respondent nos.5
to 10.
2. The case of the petitioners is that they belong to
different faith. According to the petitioner no.1, he is a
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Muslim by birth, but, he has adopted Hindu Sanatan
Religion. Petitioner no.2 is a Hindu by religion. They are
major. Against the wishes of private respondents, father of
the petitioner no.2 and his family members, they married
each other with their free will at Arya Samaj Mandir, Delhi.
Their marriage has been registered in the office of Registrar
Compulsory Registration of Marriages, Dehradun
Uttarakhand, which is annexed as Annexure No.4 to this
writ petition. The family members of petitioner no.2 refused
to accept this relation.
3. As per the Aadhar Card of petitioner no.1, and
High School Certificate & Aadhar Card of petitioner no.2,
annexed to this writ petition, petitioners are major.
Petitioners are present in-person before this Court. They
have apprised that they have threat perception at the hands
of the private respondent nos.5 to 10, who are father,
mother, sister, maternal uncle, maternal aunt and cousin of
petitioner no.2 respectively.
4. We do not say anything about the proposed
marriage of the petitioners. But, it is also to be noted that
no one can be allowed to take law in their hands.
5. In view of above, we direct the petitioners to
move a representation before the Senior Superintendent of
Police, Dehradun, for adequate safety and security within a
week from today.
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6. In that view of the matter, we hereby dispose of
the writ petition by directing the Senior Superintendent of
Police, Dehradun, respondent No. 2, to take a decision on
the representation of the petitioners within 30 days from
the date of receipt of the representation, if the petitioners
move a representation before the Senior Superintendent of
Police, Dehradun within a week from today. Thereafter, the
Senior Superintendent of Police, Dehradun shall take
information and intelligence from the concerned Station
House Officers during the course of action whether police
protection is required or not. In the interregnum,
respondent nos.3 & 4, the Station House Officers
concerned, shall provide necessary police protection for
protecting the lives and liberty of the petitioners.
7. Interim Relief Application (IA No. 01 of 2023) also
stands disposed of.
8. 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.
___________________
ALOK KUMAR VERMA, J.
Dated: 31.03.2023 JKJ/Pant
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