Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 12366 (UTT)

KOMAL MISHRA AND ANR v. STATE OF UTTARAKHAND

WPCRL/1251/2025 · 2025-10-14

G Narendar, Subhash Upadhyay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:9157-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. 1251 of 2025 14th October, 2025 Komal Mishra and another -----------Petitioners Versus State Of Uttarakhand and others ----------Respondents ---------------------------------------------------------------------- Presence:- Mr. A.K.Beniwal, leaned counsel holding brief of Mr. Bilal Ahmed, 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 learned Deputy Advocate General for the State of Uttarakhand. 2. It is submitted that both the petitioners belong to the same faith, and that the petitioners developed a liking for each other, which has ended in marriage, and now both the petitioners are living together. Since the family members of the first petitioner are against this marriage, they are giving out 1 2025:UHC:9157-DB threats to kill both the petitioners. Petitioners submit that they are facing stiff resistance, and they seriously apprehend threat to their life and limb from the family members 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 the petitioners are major and that they have solemnized marriage on 10.10.2025 in Shiv Mandir, Roorkee, District Haridwar. The petitioners have also placed on record marriage photographs as annexure No.3. 4. In that view of the matter, and in view of the Judgment of the Hon'ble Supreme Court in the case of Lata Singh Vs 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 Laksar, 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 inimically placed 2 2025:UHC:9157-DB towards the marriage 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: 14.10.2025 KK 3