Citation : 2025 Latest Caselaw 2548 UK
Judgement Date : 18 August, 2025
2025:UHC:7262-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
AND
HON'BLE SRI JUSTICE ALOK MAHRA
WRIT PETITION (CRL) NO. 887 OF 2025
18TH AUGUST, 2025
Busra & another .....Petitioners.
Versus
State of Uttarakhand & others ....Respondents.
Counsel for the Petitioners : Mr. Susheel, learned counsel holding
brief of Mr. Gaurav Singh, learned
counsel.
Counsel for the State : Mr. R.K. Joshi, learned Brief
Holder.
The Court made the following:
JUDGMENT:
(per Hon'ble The Chief Justice Sri G. Narendar)
Heard learned counsel for the petitioners, and learned
Brief Holder for the State of Uttarakhand.
2. It is submitted that both the petitioners belong to the
different religion, 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 and
others relatives of the first petitioner are against this marriage,
they are giving out threats to kill both the petitioners. Petitioners
submit that they are facing stiff resistance, and they seriously
apprehend threat to their life and limb from the family and other
relatives of the first petitioner, and hence they are before this
Court praying for protection.
2025:UHC:7262-DB
3. The documents on record reveal that both the
petitioners are majors, and it is also submitted by the learned
Brief Holder for the State that the parties have performed their
marriage on 29.07.2025. The petitioners have also placed on
record marriage certificate as Annexure-1.
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 v. 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 Bhagwanpur,
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.
6. The Writ Petition stands ordered accordingly.
7. Pending application, if any, also stands disposed of.
(G. NARENDAR, C.J.)
(ALOK MAHRA, J.) Dated: 18th August, 2025 NISHANT NISHANT
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc00e
KUMAR c2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63A0 55CFD1961690560487E670C, cn=NISHANT KUMAR Date: 2025.08.19 17:57:59 +05'30'
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