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2025 DAILYLAW 12557 (UTT)

BUSHRA AND ANR v. STATE OF UTTARAKHAND

WPCRL/1290/2025 · 2025-10-16

G Narendar, Subhash Upadhyay

body2025

Judgment text

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2025:UHC:9313-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.1290 of 2025 16th October, 2025 Bushra & Another ----Petitioners versus State Of Uttarakhand and Others ----Respondents ------------------------------------------------------------------- Presence:- Mr. R.P. Singh, learned counsel for the petitioners Mr. J.S. Virk, learned Deputy Advocate General with Mr. Rakesh Kumar Joshi, learned 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 the petitioners belong to different religions; that petitioner No. 1 is Muslim while the petitioner No. 2 is Hindu; that the petitioners wish to marry with each other, but respondent nos.4 to 8 are against the marriage and are 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 petitioners are major; they belong to different religions 1 2025:UHC:9313-DB 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 Jhabrera, 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 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: 16.10.2025 Rajni 2