Extracted from the PDF above. The PDF is authoritative.
2025:UHC:8089-DB 1
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY 11TH SEPT, 2025
WRIT PETITION (CRL) No. 1049 OF 2025
Asifa and another. ..Petitioners
Versus
State of Uttarakhand and others. …Respondents
Counsel for the petitioners. : Mr. Naveen Singh Bisht and Mr. Kaushal Sah Jagati, learned counsel. Counsel for the respondents
: Mr. J.S. Virk, learned Deputy Advocate General with Mr. R.K. Joshi, learned Brief Holder for the State. JUDGMENT : (per Sri G. Narendar, C.J.)
Heard learned counsel for the petitioners, and learned Deputy Advocate General for the State of Uttarakhand. 2. It is submitted that both the petitioners belong to the different religions; that the petitioners developed a liking for each other and they intend to enter into love marriage with each other, and presently both the petitioners are living together in the house of petitioner No. 2. Since the family members and other relatives of the first petitioner are against the petitioners’ marriage, they are giving out threats to kill both the petitioners. Petitioners submit that they are facing
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stiff resistance, and they seriously apprehend threat to their life and limb from the family members and relatives of the first petitioner, and hence they are before this Court praying for protection. It is stated that the petitioners have also submitted a representation to SSP, Udham Singh Nagar and the SHO of the concerned police station. 3. The documents on record reveal that both the petitioners are majors, and it is also submitted by the learned Deputy Advocate General for the State that both the petitioners are presently living together and intend to marry each other in near future. 4. In that view of the matter, and in view of the ruling of the Hon’ble Supreme Court in the case of Lata Singh v. State of U.P. and another, (2006) 5 SCC 475, the petitioners have made out a case for grant of protection. 5. The Station House Officer, Police Station Rudrapur, District Udham Singh Nagar is directed 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 respondent, and such other persons, who are inimically placed towards the marriage of the petitioners, and counsel them, in accordance with law. 2025:UHC:8089-DB 3
6. The Writ Petition stands ordered accordingly. 7. Pending application, if any, also stands disposed of. _______________ G. NARENDAR, C.J.
__________________ SUBHASH UPADHYAY, J.
Dt: 11th September, 2025 Rathour