2025:UHC:422-DB 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ASHISH NAITHANI WRIT PETITION (CRIMINAL) NO. 24 OF 2025 9TH JANUARY, 2025 Sana Khan and another …… Petitioners Versus State of Uttarakhand & others …… Respondents Counsel for the petitioners : Mr. Aakib Ahmed, learned counsel Counsel for the respondents : Mr. S.S. Chauhan, learned Deputy Advocate General with Mr. Girish Chandra Joshi, learned AGA for the State of Uttarakhand / respondent Nos. 1 to 3. The Court made the following: JUDGMENT: (per Hon’ble The Chief Justice Sri G. Narendar) Heard learned counsel for the petitioners Mr. Aakib Ahmed, and the learned Deputy Advocate General for the State Mr. S.S. Chauhan. 2025:UHC:422-DB 2 2) The petitioners belong to the same community and this is the second marriage for the 2nd petitioner, and a marriage first time around for the 1st petitioner. Despite the fact that they belong to the same community, the petitioners claimed that they have been harassed and they apprehend a serious threat to their lives and limbs from the family of the 1st petitioner, and, hence, they are before this Court Praying for protection. 3) The petitioner places a copy of the judgment of the Family Court, Khatima, District Udham Singh Nagar, whereby the court by way of an ex-parte judgment / order has been pleased to dissolve the first marriage. 4) Be that as it may. There being no bar for the 1st petitioner to enter into a second marriage, the threats are unwarranted, and they being without the sanction of law. The State in terms of the judgment rendered by the Apex Court in the case of Lata Singh vs. State of U.P. & Another, (2006) 5 SCC 475 is duty bound to grant protection to its citizens. 5) In that view of the matter, the Station House Officer, P.S. Kichha, District Udham Singh Nagar is directed to provide protection to the life and limb of the petitioners, and the SHO is further directed to call the 2025:UHC:422-DB 3 relatives of the 1st petitioner, and such other persons, who are inimically placed towards the wedding proposal of the petitioners, and counsel them, in accordance with law. 6) The writ petition stands ordered accordingly. 7) Pending application, if any, also stands disposed of. ________________ G. NARENDAR, C.J. _______________ ASHISH NAITHANI, J. Dt: 9TH JANUARY, 2025 Negi HIMANS HU NEGI Digitally signed by HIMANSHU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13aa f116e73351fdaf6878326386908a7f90d575 7, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC5 1A722A6BC552D470EB4FD2F88DDF7C18 DB2A1524A4D, cn=HIMANSHU NEGI Date: 2025.01.10 16:51:01 +05'30'