Asifa And Another. ..Petitioners vs State Of Uttarakhand And Others
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Uttarakhand High Court

Asifa And Another. ..Petitioners vs State Of Uttarakhand And Others on 11 September, 2025

                                                                2025:UHC:8089-DB


       IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL
          HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
                             AND
            HON'BLE SRI JUSTICE SUBHASH UPADHYAY
                                11TH JULY, 2025
          WRIT PETITION (CRL) No. 1049 OF 2025

Asifa and another.                                               ..Petitioners


                                     Versus


State of Uttarakhand and others.                                ...Respondents
Counsel for the petitioners.        :   Mr. Naveen Singh Bisht and Mr.
                                        Kaushal Sah Jagati, learned counsel.
Counsel for the respondents         :   Mr.   J.S.    Virk,  learned    Deputy
                                        Advocate General with Mr. R.K. Joshi,
                                        learned Brief Holder for the State.



JUDGMENT :

(per Sri G. Narendar, C.J.)

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 different religions; that the petitioners developed a liking

for each other and they intend to enter into love marriage with

each other, and presently both the petitioners are living

together in the house of petitioner No. 2. Since the family

members and other relatives of the first petitioner are against

the petitioners' marriage, they are giving out threats to kill

both the petitioners. Petitioners submit that they are facing

2025:UHC:8089-DB

stiff resistance, and they seriously apprehend threat to their

life and limb from the family members and relatives of the

first petitioner, and hence they are before this Court praying

for protection. It is stated that the petitioners have also

submitted a representation to SSP, Udham Singh Nagar and

the SHO of the concerned police station.

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 both the

petitioners are presently living together and intend to marry

each other in near future.

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 Rudrapur,

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 respondent, and such other persons, who

are inimically placed towards the marriage of the petitioners,

and counsel them, in accordance with law.

2025:UHC:8089-DB

6. The Writ Petition stands ordered accordingly.

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

_______________ G. NARENDAR, C.J.

__________________ SUBHASH UPADHYAY, J.

Dt: 11th September, 2025 Rathour

PRAVINDR

A SINGH UTTARAKHAND, 2.5.4.20=23699ccc2fd40ad81b6fd13323779 d9e3aeb1097d17dbb53d481cabd25946eed , postalCode=263001, st=UTTARAKHAND,

RATHOUR serialNumber=1F65499E931DF71CDAF92A 40CC6179B8E010331BA695239171F906FD5 C45C4E8, cn=PRAVINDRA SINGH RATHOUR Date: 2025.09.15 17:24:40 +05'30'