2025:UHC:8426-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.1101 of 2025 19th September, 2025 Sabiya Khan & Another ----Petitioners versus State Of Uttarakhand and others ----Respondents ------------------------------------------------------------------- Presence:- Mr. Gaurav Singh, learned counsel for the petitioners Mr. J.S. Virk, Deputy Advocate General with Mr. Rakesh Joshi, Brief Holder for the State. ------------------------------------------------------------------- JUDGMENT: (per Sri Subhash Upadhyay, J.) Heard learned counsel for the petitioners and the learned Deputy Advocate General for the State of Uttarakhand. 2. It is submitted that both the petitioners belong to the same religion; that the petitioners developed a liking for each other, which has ended in marriage on 15.09.2025 according to Muslim rites and rituals, and now both the petitioners are living together. Since the family members and others relatives of the first petitioner are against this marriage, they are giving out threats to kill both the petitioners. Petitioners submit 1 2025:UHC:8426-DB that they are facing stiff resistance, and they seriously apprehend threat to their life and limb from the family and other relatives of the first petitioner, and hence they are before this Court praying for protection. 3. It is submitted by the learned Deputy Advocate General for the State that both the petitioners are major and that they have solemnized Nikah on 15.09.2025. The petitioners have also placed on record marriage certificate dated 15.09.2025 as Annexure-1. 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 Kotwali Roorkee, District Haridwar 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 respondents, and such other persons, who are 2 2025:UHC:8426-DB inimically placed towards the marriage 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.) (SUBHASH UPADHYAY, J.) Dated: 19.09.2025 Rajni 3 RAJINI GUSAIN Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db4 8448ac3701a9ae475a2547e4b7f1d9b 1f17d01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222 B4DF4FC80D4557562F95BEBA013F53 0616A158A0A878BD8, cn=RAJINI GUSAIN Date: 2025.09.22 15:10:02 +05'30'