PHOOL JAHAN AND ANR v. SENIOR SUPERINTENDENT OF POLICE
WPCRL/1252/2025 · 2025-10-14
G Narendar, Subhash Upadhyay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12322 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12322 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:9156-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. 1252 of 2025 14th October, 2025
Phool Jahan and another -----------Petitioners Versus State Of Uttarakhand and others ----------Respondents ---------------------------------------------------------------------- Presence:- Ms. Unnati Pant and Ms. Tabassum, learned counsel for the petitioners. Mr. J.S. Virk, learned Deputy Advocate General with Mr. Rakesh Joshi, learned Brief Holder for the State. ----------------------------------------------------------------------
JUDGMENT: (per Mr. G. Narendar C.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 different religions; that petitioner No. 1 is a Muslim while the petitioner No. 2 is a Hindu; that the petitioners wish to marry with each other, but respondent nos.3 to 7 and other family members of the first petitioner is against the marriage and is giving out threats to them for dire consequences. It is further submitted that both the petitioners are major.
3. Learned Deputy Advocate General submits that the 1
2025:UHC:9156-DB petitioners are major; they belong to different religions and wish to marry with each other, hence, the State is under obligation to ensure that no harm is caused to the petitioners by private respondent.
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 Gadarpur, 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 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.
7. Pending application, if any, also stands disposed of
(G. NARENDAR, C.J.)
(Subhash Upadhyay, J.) Dated: 14.10.2025 KK 2
2025:UHC:9156-DB
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