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Laxmi Devi And Another vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 9 June 2020 · Citation: (2020) 06 UK CK 0001

HON’BLE JUDGES
Ramesh Ranganathan, CJ · R.C. Khulbe, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (Crl) No. 655 Of 2020
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Judgment

9 paragraphs · 343 words

Ramesh Ranganathan, CJ

1.

Heard Mr. Gaurav Singh, learned counsel for the petitioners and Mr. G.S. Sandhu, learned Government Advocate appearing for the State Government and, with their consent, the Writ Petition is disposed of.

2.

The petitioners have invoked the jurisdiction of this Court seeking protection from interference, with their peaceful married life, by the private respondents.

3.

The first petitioner had produced her fourth class certificate as proof that she was born on 12.08.2000, and she is an adult. It is also not in dispute that the age of the second petitioner is 22 years.

4.

On the matter being taken up for investigation, the Investigating Officer initially stated that there were two other birth certificates, which were produced by the parents of the girl, according to which she was a minor aged less than 15 ½ years. We had therefore, by our order dated 02.06.2020, granted the Investigating Officer further time to investigate and report.

5.

Today Mr. G.S. Sandhu, learned Government Advocate, on instructions from the Investigating Officer, states that the certificate produced, as proof of the date of birth by the first petitioner before this Court, is genuine as per the statement of the Principal of the School; while further investigation is still in progress, the investigation so far reveals that the first petitioner is a major; in case the petitioners approach the second respondent, their request for police protection would be considered in the light of the threat perception to their lives; and, if there is indeed any threat to their lives and liberty, adequate police protection shall be provided.

6.

Mr. Gaurav Singh, learned counsel for the petitioners, states that both the petitioners will appear before the second respondent within one week from today.

7.

In case they do so, the second respondent shall take necessary action forthwith and, if need be, provide them police protection in accordance with law. Needless to state that the petitioners shall also cooperate in the early completion of the investigation.

8.

The Writ Petition is, accordingly, disposed of. No costs.