Citation : 2025 Latest Caselaw 3200 UK
Judgement Date : 24 June, 2025
2025:UHC:5316-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
AND
HON'BLE SRI JUSTICE ALOK MAHRA
24TH JUNE, 2025
WRIT PETITION (CRL) No. 635 OF 2025
Shakeel Ahmed and another.
...Petitioners
Versus
Senior Superintendent of Police and others.
...Respondents
Counsel for the petitioners. : Ms. Sheetal Selwal, learned counsel.
Counsel for respondent nos. 1 & : Mr. J.S. Virk, learned Deputy
2. Advocate General with Mr. Rakesh
Kumar Joshi, learned Brief Holder for
the State of Uttarakhand.
JUDGMENT :
(per Sri G. Narendar, C.J.) Heard learned counsels for the petitioners, and
the learned DAG for the State of Uttarakhand.
2. It is submitted that both the petitioners belong
to the same community, 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 second 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 second
2025:UHC:5316-DB
petitioner, and hence they are before this Court praying
for protection.
3. The documents on record reveal that both the
petitioners are major, and it is also submitted by the
learned DAG for the State that the parties have
performed their marriage on 08.04.2025, which fact is
also evident from the Nikkahnama, produced as Annexure
No. 3 to the Writ Petition.
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 1, the petitioners
have made out a case for grant of protection.
5. The Station House Officer, Police Station -
Banbhulpura, District Nainital (respondent no. 2) 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 marriage of the petitioners,
and counsel them, in accordance with law.
(2006) 5 SCC 475
2025:UHC:5316-DB
6. The Writ Petition stands ordered accordingly.
As a sequel thereto, the miscellaneous
petitions, if any pending, shall stand closed.
_______________ G. NARENDAR, C.J.
_____________ ALOK MAHRA, J.
Dt: 24th June, 2025 Rahul
RAHUL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=aa4fa3bee6691397758b14516ed3e66 e61bf4c848741983ed8c39e4145cf1dab,
PRAJAPATI postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8A19 2FCAD15C390A1AAD7B39857D2540AE4C28A4 898, cn=RAHUL PRAJAPATI Date: 2025.06.25 15:57:48 +05'30'
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