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2023 DIGILAW 55 (UTT)

Aarsi v. State of Uttarakhand

2023-01-10

MANOJ KUMAR TIWARI, VIPIN SANGHI

body2023
JUDGMENT Manoj Kumar Tiwari, J. - In this petition, the petitioners have prayed for the following relief:- 'i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 and 2 to provide adequate protection to the petitioners from Respondent No. 3, and other relatives of petitioner no. 1, so that they may live peaceful life.' 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 09.10.2022 as per Muslim customs and registered their marriage in the office of Mohammadan Marriages & Divorces Registrar & Kazi, Govt. of West Bengal, Law Department Hariharpara, District Murshidabad on 09.10.2022 (Copy of the marriage certificate is annexed as Annexure No. 1 to the writ petition). 3. The learned counsel for the petitioners submits that the petitioners have already made a representation on 22.11.2022 before the Senior Superintendent of Police, District Haridwar- respondent no. 1 for protecting their lives, a copy whereof is annexed as Annexure No. 5 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 Haridwar- respondent no. 1 to take a decision on the representation of the petitioners (Annexure No. 5) within 30 days from today. The Senior Superintendent of Police, District Haridwar 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 Kotwali Ranipur, District Haridwar-respondent no. 2 shall provide necessary police protection for protecting the lives and liberty of the petitioners. 5. Consequently, pending applications, if any, also stand disposed of. 6. Let a free copy of this order be immediately handed over to Mr. Rakesh Kumar Joshi, learned Brief Holder 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.