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2025 DAILYLAW 14424 (UTT)

NIKITA v. STATE OF UTTARAKHAND

WPCRL/1353/2025 · 2025-10-31

G Narendar, Subhash Upadhyay

body2025

Judgment text

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2025:UHC:9623-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY 31st OCTOBER, 2025 WRIT PETITION (CRL) No. 1353 OF 2025 Nikita and another. …Petitioners Versus State of Uttarakhand and others. …Respondents Counsel for the petitioners. : Mr. Ravindra S. Rawat, learned counsel. Counsel for respondent nos. 1 & 2. : Mr. J.S. Virk, learned Deputy Advocate General with Mr. Rakesh Kumar Joshi, learned Brief Holder for the State of Uttarakhand. JUDGMENT : (per Sri G. Narendar, C.J.) Heard learned counsels for the petitioners, and the learned DAG for the State of Uttarakhand. 2. It is submitted that both the petitioners belong to the same community, and that the petitioners developed a liking for each other, which has ended in a decision to get married, 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 that they are facing stiff resistance, and they seriously apprehend threat to their life and limb 1 2025:UHC:9623-DB from the family and other relatives of the first petitioner, and hence they are before this Court praying for protection. 3. The documents on record reveal that petitioner no. 1 is a major and the petitioner no. 2 is aged about 20 years. Counsel for the petitioners submits that as soon as petitioner no. 2 attains the age of 21, the petitioners will get married. Petitioner no. 1 has also given a representation in this regard to the Senior Superintendent of Police, District Haridwar. 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 another1, the petitioners have made out a case for grant of protection. 5. The Station House Officer, Police Station - Khanpur, 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 1 (2006) 5 SCC 475 2 2025:UHC:9623-DB marriage proposal 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. Dt: 31st October, 2025 Rahul 3 RAHUL PRAJAPAT I Digitally signed by RAHUL PRAJAPATI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=aa4fa3bee6691397758b14516e d3e66e61bf4c848741983ed8c39e4145cf 1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45B F8A192FCAD15C390A1AAD7B39857D25 40AE4C28A4898, cn=RAHUL PRAJAPATI Date: 2025.10.31 16:41:43 +05'30'