Citation : 2025 Latest Caselaw 197 UK
Judgement Date : 7 May, 2025
2025:UHC:3576-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. 429 OF 2025
07TH MAY, 2025
Aman Singh & another .....Petitioners.
Versus
State of Uttarakhand & others ....Respondents.
Counsel for the Petitioners : Mr. Sanjay Kumar, learned
counsel.
Counsel for the State : Mr. J.S. Virk, learned Deputy
Advocate General 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, 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 second
petitioner, and hence they are before this Court praying for
protection.
2025:UHC:3576-DB
3. The documents on record reveal that both the
petitioners are majors, and it is also submitted by the learned
Deputy Advocate General for the State that the parties have
performed their marriage. The petitioners have also placed on
record marriage certificate dated 04.05.2025 as Annexure-3.
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 Kunda, 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
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: 07th May, 2025 NISHANT
NISHANT
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd6313 3605ca57cdc00ec2b7462b452b326,
KUMAR postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C 9C20892BC63A055CFD1961690560487E670C, cn=NISHANT KUMAR Date: 2025.05.13 13:13:10 +05'30'
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