Citation : 2025 Latest Caselaw 1820 UK
Judgement Date : 7 August, 2025
2025:UHC:5856-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
AND
HON'BLE SRI JUSTICE ALOK MAHRA
07th August, 2025
WRIT PETITION CRIMINAL No. 861 OF 2025
Shanaj and Another ...Petitioners
Versus
State of Uttarakhand
and Others ...Respondents
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Presence:-
Mr. Susheel Kumar proxy counsel for Mr. Gaurav Singh, learned
counsel for the petitioners.
Mr. J.S. Virk, learned Deputy Advocate General along with Mr.
Rakesh Joshi, learned Brief Holder for the State.
----------------------------------------------------------------------
JUDGMENT:
(per Hon'ble The Chief Justice Sri G. Narendar)
Heard learned counsel for the petitioners, and
learned Deputy Advocate General for the State of
Uttarakhand.
2. It is submitted that both the petitioners
belong to the same faith, and that the petitioners
developed a liking for each other, which has ended in
marriage, and now both the petitioners are living
together. Since the family members of the first
petitioner are against this marriage, they are giving out
threats to kill both the petitioners. Petitioners submit
2025:UHC:5856-DB that they are facing stiff resistance, and they seriously
apprehend threat to their life and limb from the family
members of the first petitioner, and hence they are
before this Court praying for protection.
3. The documents on record reveal that both the
petitioners are majors, and it is also submitted by the
counsel for the petitioners that the parties have
performed marriage according to Muslim Rites and
Rituals on 26.07.2025.
4. In that view of the matter, and in view of the
ruling of the Hon'ble Supreme Court in the case of Lata
Singh Vs State of U.P. and another, (2006) 5 SCC
475, the petitioners have made out a case for grant of
protection.
5. The Station House Officer, Police Station
Pathri, District Haridwar is directed to assess the threat,
if any, to the life and limb of the petitioners, and
provide necessary protection, if it is found that there is
a threat to the life and limb of the petitioners. The SHO
is further directed to summon the private respondents,
and such other persons, who are inimically placed
towards the marriage of the petitioners, and counsel
them, in accordance with law.
2025:UHC:5856-DB
6. The writ petition stands ordered accordingly.
As a sequel thereto, the miscellaneous
applications, if any pending, shall stand closed.
_______________ G. NARENDAR, C.J.
_______________ ALOK MAHRA, J.
Dt: 07th August, 2025 Mamta
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