Citation : 2025 Latest Caselaw 2748 UK
Judgement Date : 21 May, 2025
2025:UHC:4255-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
AND
HON'BLE SRI JUSTICE ALOK MAHRA
21st May, 2025
WRIT PETITION CRIMINAL No. 502 OF 2025
Gulbeena and Another ...Petitioners
Versus
Senior Superintendant of
Police, Udham Singh Nagar
and Others ...Respondents
Presence:-
Mr. Shariq Khurshid, learned counsel for the petitioners.
Mr. J.S. Virk, learned Deputy Advocate General 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:4255-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 16.05.2025 at Kashipur, District Udham
Singh Nagar.
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
Kashipur, 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.
2025:UHC:4255-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: 21st May, 2025 UJJWAL
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