21 November vs State Of Uttarakhand & Others
2025 Latest Caselaw 5712 UK

Uttarakhand High Court

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

                                                           2025:UHC:10419-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.1511 of 2025
                           21 November, 2025

Savita Devi & Anr.                                         ----Petitioners

                                   versus

State of Uttarakhand & Others                           ----Respondents

-------------------------------------------------------------------
Presence:-
Ms. Shruti Joshi, 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 commanding and directing the respondent nos.1, 2 and 3 to provide security to the petitioners and they may be directed to ensure that the respondent no.4 and other family members may not harass, threat and commit violation to the petitioners in any manner."

2. It is submitted that petitioner no.1 is Hindu

while petitioner no.2 belongs to Sikh community; that

the petitioners developed a liking for each other and

now they wish to solemnize their marriage. Since the

family members and others relatives of the first

2025:UHC:10419-DB

petitioner are against their marriage, they are giving out

threats to 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. Learned Deputy Advocate General submits

that the petitioners are major and wish to marry with

each other, hence, the State is under obligation to

ensure that no harm is caused to the petitioners by

private respondents.

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

Mukhani/Out Post RTO, District Nainital 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

2025:UHC:10419-DB

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, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db484 48ac3701a9ae475a2547e4b7f1d9b1f17

GUSAIN d01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4 DF4FC80D4557562F95BEBA013F53061 6A158A0A878BD8, cn=RAJINI GUSAIN Date: 2025.11.21 16:12:21 +05'30'