21 November vs State Of Uttarakhand & Others
2025 Latest Caselaw 5711 UK

Uttarakhand High Court

21 November vs State Of Uttarakhand & Others on 21 November, 2025

                                                          2025:UHC:10420-DB


IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

      HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
                                     AND
         HON'BLE SRI JUSTICE SUBHASH UPADHYAY
          Writ Petition (Criminal) No.1494 of 2025
                           21 November, 2025

Roshan Kumar & Another                                    ----Petitioners

                                   versus

State of Uttarakhand & Others                           ----Respondents

-------------------------------------------------------------------
Presence:-
Mr. Shubham Pandey, learned counsel for the petitioners
Mr. J.S. Virk, learned Deputy A.G. with Mr. Rakesh Joshi, learned Brief Holder
for the State
-------------------------------------------------------------------

JUDGMENT:

(per Sri G. Narendar, J.)

1. Petitioners have approached this Court for the

following relief:-

"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent nos.1, 2 and 3 to provide protection to the petitioners from respondent no.4 so that they may live peaceful life."

2. It is submitted that both the petitioners

belong to the same faith; that the petitioners developed

a liking for each other, which has ended in marriage on

08.11.2025 at Golu Devta Darbar, Tadikhet District

Almora, according to Hindu rites and rituals, and now

both the petitioners are living together. Since the family

2025:UHC:10420-DB

members and others relatives of the second petitioner

are against this marriage, they are giving out threats to

the petitioners for dire consequences. 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.

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 on 08.11.2025.

The petitioners have also placed on record a

certificate/document issued by the Golu Devta Temple,

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

Bhatraujkhan, District Almora is directed to assess the

threat, if any, to the life and limb of the petitioners, and

2025:UHC:10420-DB

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.

6. The Writ Petition stands ordered accordingly.

7. Pending application, if any, also stands disposed of.

(G. NARENDAR, C.J.)

(SUBHASH UPADHYAY, J.) Dated: 21.11.2025 Rajni

RAJINI

DN: c=IN, o=HIGH COURT OF UTTARAKHAND,

2.5.4.20=97cfa6e4cbd49c07b876db48448ac3701a9ae 475a2547e4b7f1d9b1f17d01342,

GUSAIN postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4DF4FC80D455 7562F95BEBA013F530616A158A0A878BD8, cn=RAJINI GUSAIN Date: 2025.11.21 16:14:07 +05'30'