Km. Saniya And Another ...... ... vs State Of Uttarakhand & Others
2024 Latest Caselaw 931 UK

Uttarakhand High Court

Km. Saniya And Another ...... ... vs State Of Uttarakhand & Others on 13 May, 2024

     IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL


          HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
                              AND
             HON'BLE MR. JUSTICE RAKESH THAPLIYAL


          WRIT PETITION (CRIMINAL) NO. 461 OF 2024



                              13TH MAY, 2024



Km. Saniya and another                       ......            Petitioners

Versus

State of Uttarakhand & others                ......            Respondents


Counsel for the petitioners       :   Mr. Bilal Ahmed, learned counsel

Counsel for the respondent        :   Mr. J.S. Virk, learned Deputy
                                      Advocate General with Mr. Rakesh
                                      Kumar Joshi, learned Brief Holder
                                      for State / respondent Nos. 1 & 2




The Court made the following:



JUDGMENT:

(per Hon'ble The Chief Justice Ms. Ritu Bahri)

The petitioners have approached this Court

seeking protection as they want to solemnize marriage

against the wishes of family members of petitioner No. 1

Km. Saniya, and apprehend threat from them.

2) Both the petitioners are major. The date of

birth of Km. Saniya, petitioner No. 1, is 01.03.2004, and

that of Furkan @ Furqan, petitioner No. 2, is

01.01.2000. The Aadhaar cards of both the petitioners

have also been placed on record as Annexure No. 1 and

2, respectively. As per Aadhaar card, as well as the

marksheet of High School Examination-2020, issued by

the Board of School Education, Uttarakhand, of

petitioner No. 1 (also annexed with Annexure No. 1),

date of birth of petitioner No. 1 is recorded as

01.03.2004, in both the documents. Aadhaar card of

respondent No. 2, which is Annexure-2 to the writ

petition, reveals his date of birth as 01.01.2000.

3) Petitioner No. 1 Km. Saniya is a major, and as

per the affidavits filed by both the petitioners, they are

apprehending treat to their life and liberty from the

hands of respondent Nos. 3 to 7. According to the

petitioners, a representation (Annexure No. 3) has been

given to the Senior Superintendent of Police, Udham

Singh Nagar to this effect.

4) In view of the above, this writ petition is being

disposed of by giving a direction to respondent No. 1 -

Senior Superintendent of Police, Udham Singh Nagar,

that if both the petitioners appear before respondent No.

1, their representation (Annexure No. 3 to the writ

petition) will be examined so that necessary protection

be provided to the petitioners, in case, they are facing

threats from respondent Nos. 3 to 7.

5) The writ petition stands disposed of

accordingly.

6) Let copy of this order be supplied to counsel

for the parties today itself as per rules.

_______________ RITU BAHRI, C.J.

________________ RAKESH THAPLIYAL, J.

       TH
Dt: 13      MAY, 2024
Negi