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2023 DIGILAW 68 (UTT)

Akansha Chaudhary v. State of Uttarakhand

2023-01-12

ALOK KUMAR VERMA, VIPIN SANGHI

body2023
JUDGMENT Vipin Sanghi , CJ. - In this petition, petitioners have prayed for the following relief(s): - (a) Issue a writ, order or direction in the nature of Mandamus commanding and directing to the respondent no.1 & 2 to provide the police protection to the petitioners and also direct to see, the couple are not harassed by anyone nor subjected to threats or acts of violence due to their marriage. (b) To pass a suitable writ, order or direction in favour of petitioners which this Hon'ble Court may deem fit and proper in the circumstances of the present 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 01.12.2022 as per Hindu Rites and Rituals (Copy of the Marriage Certificate is enclosed as Annexure-1). The learned counsel for the petitioners submits that the petitioner no.1 has already made a representation before the Senior Superintendent of Police, District Haridwar- respondent no.1 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. 3. 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 petitioner (Annexure No.3) within 30 days from today. The Senior Superintendent of Police, District Haridwar shall take information and intelligence from the SHO, Police Station Laksar, District Haridwar during the course of action whether further police protection is required or not. In the interregnum, the SHO, Police Station Laksar, District Haridwar shall provide necessary police protection for protecting the lives and liberty of the petitioners. 4. Let a free copy of this order be immediately handed over to Mr. Rakesh Joshi, the learned Brief Holder for the State of Uttarakhand, for early compliance. 5. The Writ Petition is, hereby, disposed of. 6. In sequel thereto, all pending applications stand disposed of. 7. Urgent copy of this order be supplied to the learned counsel for the parties during the course of the day, as per Rules.