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Shri Salman Khan & Another ...... ... vs State Of Uttarakhand & Others
2023 Latest Caselaw 890 UK

Citation : 2023 Latest Caselaw 890 UK
Judgement Date : 31 March, 2023

Uttarakhand High Court
Shri Salman Khan & Another ...... ... vs State Of Uttarakhand & Others on 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
                                   2


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.
                                      3



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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