Extracted from the PDF above. The PDF is authoritative.
2025:UHC:7713-DB HIGH COURT OF UTTARAKHAND AT NAINITAL
HON’BLE THE CHIEF JUSTICE SRI G.NARENDAR AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY Writ Petition Criminal No. 884 of 2025 29th August, 2025
Saniya & Another
----Petitioners Versus
State Of Uttarakhand and others ----Respondents
------------------------------------------------------------------- Presence:- Mr. Kaushal Sah Jagati, Advocate for the petitioners Mr. J.S. Virk, Deputy Advocate General with Mr. Rakesh Joshi, Brief Holder for the State. -------------------------------------------------------------------
JUDGMENT: (per Mr. Subhash Upadhyay, J.)
Petitioners as well as parents of petitioner no.2, namely, Shri Jitendra Kumar and Smt. Pana Devi are also present.
2.
Heard learned counsel for the petitioners and learned Deputy Advocate General for the State of Uttarakhand.
3.
It is submitted that both the petitioners belong to different religions; that petitioner No. 1 is a Muslim by religion and petitioner No. 2 is a Hindu; that the petitioners wish to marry with each other, but due to their different religions the respondent nos.4 to 6 and other family members of petitioner no.1 are against the marriage and 1
2025:UHC:7713-DB are giving out threats to them for dire consequences. It is further submitted that both the petitioners are major.
4.
Learned Deputy Advocate General submits that the petitioners are major; they belong to different religions and are in a live-in relationship, thus, the State is under obligation to ensure that no harm is caused to the petitioners by private respondents.
4.
The said submission is placed on record.
5.
Accordingly, we direct the Station House Officer, Police Station Sitarganj, District Udham Singh Nagar to assess the threat, if any, to the life and limb of the petitioners, and provide necessary protection, if it is found that there is a threat to the life and limb of the petitioners. The SHO is further directed to summon the private respondents, and such other persons, who are inimically placed towards the relationship of the petitioners, and counsel them, in accordance with law.
6.
The writ petition stands ordered accordingly.
As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed.
(G. NARENDAR, C.J.)
(Subhash Upadhyay, J.) Dated: 29.08.2025 Rajni 2 RAJINI GUSAIN Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db48448 ac3701a9ae475a2547e4b7f1d9b1f17d013 42, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4D F4FC80D4557562F95BEBA013F530616A1 58A0A878BD8, cn=RAJINI GUSAIN Date: 2025.09.02 13:03:07 +05'30'
2025:UHC:7713-DB
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