High CourtsDivision Bench

Armana And Another vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 27 July 2022 · Citation: (2022) 07 UK CK 0148

HON’BLE JUDGES
Vipin Sanghi, CJ · R.C. Khulbe, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (CRL) No. 1424 Of 2022
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Judgment

11 paragraphs · 381 words

R.C. Khulbe, J

1.

In this petition, the petitioners have prayed for the following reliefs: -

“i) To issue a writ order or direction in the nature of mandamus directing the respondent no. 2 & 3 to give police protection to the petitioners so that they may live their marital life peacefully and liberty of the petitioner may be secured.

ii) Issue a writ, order or direction which this Hon’ble Court may deem fit and proper under the facts and circumstances of the case.”

2.

In the present case, both the petitioners belong to the same faith and are major. Both the petitioners were in love and they wanted to marry each other. So they have solemnized their marriage on 17.04.2022 as per Muslim customs (Copy of the Marriage Certificate is annexed as Annexure No. 2 to the writ petition).

3.

The learned counsel for the petitioners submits that the petitioners have already made a representation on 20.07.2022 before the Senior Superintendent of Police, District Udham Singh Nagar- respondent no. 2 for protecting their lives, a copy whereof is annexed as Annexure No. 3 to this Writ Petition, but nothing has been done as yet. Having been left with no other remedy, the petitioners have filed the present Writ Petition.

4.

In that view of the matter, we hereby dispose of the writ petition by directing the Senior Superintendent of Police, District Udham Singh Nagar- respondent no. 2 to take a decision on the representation of the petitioners (Annexure No. 3) within 30 days from today. The Senior Superintendent of Police, District Udham Singh Nagar shall take information and intelligence from the concerned SHO during the course of action whether further police protection is required or not. In the interregnum, the SHO, Police Station Bazpur, District Udham Singh Nagar -respondent no.

3 shall provide necessary police protection for protecting the lives and liberty of the petitioners.

5.

In sequel thereto, pending application, if any, also stands disposed of.

6.

Let a free copy of this order be immediately handed over to Mr. J.S. Virk, the learned Deputy Advocate General for the State of Uttarakhand, for early compliance.

7.

Urgent copy of this order be supplied to the learned counsel for the parties during the course of the day, as per Rules.