Uttarakhand High Court

5Th June vs State Of Uttarakhand & Others on 5 June, 2025

                                                                      2025:UHC:4566-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. 573 OF 2025
                               05TH JUNE, 2025
Roshani Bano & another                                              .....Petitioners.
                                       Versus

State of Uttarakhand & others                                       ....Respondents.
Counsel for the Petitioners                 :      Mr. Kaushal Sah Jagati, learned
                                                   counsel.

Counsel for the State                       :      Mr. J.S. Virk, learned Deputy
                                                   Advocate with 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

Deputy Advocate General for the State of Uttarakhand.

2. It is submitted that both the petitioners belong to the

same religion, and that the petitioners developed a liking for each

other, and now both the petitioners are living together. Since the

family members and others relatives of the first petitioner are

against this relationship, 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.

3. The documents on record reveal that both the

petitioners are majors, and it is also submitted by the learned 2025:UHC:4566-DB

Deputy Advocate General for the State that the parties are living

together.

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 Bajpur,

District Udham Singh Nagar 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

respondent, and such other persons, who are inimically placed

towards the relationship 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: 05th June, 2025 NISHANT

NISHANT Digitally signed by NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc00ec2b746

KUMAR 2b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63A055CFD 1961690560487E670C, cn=NISHANT KUMAR Date: 2025.06.09 10:39:14 +05'30'