Shifa Naz Alias Mannu And Another vs State Of Uttarakhand And Others

S.K. Mishra, J

In this writ petition, the petitioner has prayed for the following reliefs :-

“i) A writ order or direction in the nature of in the nature of mandamus commanding the State respondent no. 1, 2 and 3 to protect the

life and liberty of the petitioners from the respondent no. 4 & 5 and their associate/relatives by providing police protection to the petitioners

and initiating appropriate action against the private respondents.

ii) any other suitable writ, order or direction which this Hon’ble Court of may deem fit and proper under the circumstances of the

case.â€​

It is apparent from the record that this is a case of inter-caste marriage, and both the petitioners are afraid that their relations may cause harm to

their life, liberty and property. It is also brought to our notice that as per Annexure No. 4, which is an application dated 26.12.2021, they have already

made an application before the learned District Magistrate, District-Udham Singh Nagar for necessary permission for inter-caste marriage. But, it

cannot be known whether such permission has been granted, or not?

So, we dispose of the Writ Petition, firstly, by directing the District Magistrate, District-Udham Singh Nagar to consider the application dated

26.12.2021 within seven days from the date of production of a certified copy of this order. The learned District Magistrate, District-Udham Singh

Nagar shall decide the issue by passing a speaking order after affording reasonable opportunity of hearing to the petitioners, and any other such party

as may be necessary.

We also grant liberty to the petitioners in the interregnum to make a representation before the Senior Superintendent of Police, District-Udham

Singh Nagar for appropriate protection. The Senior Superintendent of Police, District-Udham Singh Nagar, shall take inputs from the Station House

Officer, Kotwali Rudrapur, and 2 shall assess the threat perception to the petitioners, and thereafter appropriate protection shall be given to the

petitioners.

With such directions, the Writ Petition is disposed of.

The petitioners are at liberty to file certified copy of this order before the learned District Magistrate, District-Udham Singh Nagar as well as the

Senior Superintendent of Police, District-Udham Singh Nagar.

The online downloaded copy of this order from the official website of the High Court of Uttarakhand with an endorsement by the learned counsel

for the petitioners that it is a true copy of the said order shall be treated at par as a certified copy.

Urgent certified copy of this judgment be granted to the parties during the course of the day on proper application.