Extracted from the PDF above. The PDF is authoritative.
2025:UHC:10418-DB
IN THE 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.1519 of 2025 21 November, 2025
Smt. Pooja Melkani & Anr.
----Petitioners
versus
State of Uttarakhand & Others ----Respondents
------------------------------------------------------------------- Presence:- Mr. V.K. Guglani, learned counsel for the petitioners Mr. J.S. Virk, learned Deputy A.G. with Mr. Rakesh Joshi, learned Brief Holder for the State -------------------------------------------------------------------
JUDGMENT: (per Sri G. Narendar, J.)
1.
Petitioners have approached this Court for the following relief:-
“(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.1 and 2 to provide protection to the petitioners from the Respondent no.3 and 4 so that they can live peacefully.”
2.
It is submitted that both the petitioners belong to the same faith; that the petitioners developed a liking for each other, which has ended in marriage on 11.11.2025 at Prachin Vanshakti Mandir, Pantnagar SIDCUL, District Udham Singh Nagar, according to Hindu rites and rituals, and now both the petitioners are 1
2025:UHC:10418-DB
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 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 both the petitioners are majors, and it is also submitted by the learned Deputy Advocate General for the State that the parties have performed their marriage on 11.11.2025. The petitioners have also placed on record marriage photographs as well as the receipt issued by Prachin Vanshakti Mandir, Pantnagar SIDCUL, District Udham Singh Nagar 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.
2
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5.
The Station House Officer, Police Station Transit Camp, 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 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: 21.11.2025 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=97cfa6e4cbd49c07b876db4844 8ac3701a9ae475a2547e4b7f1d9b1f17d0 1342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4D F4FC80D4557562F95BEBA013F530616A 158A0A878BD8, cn=RAJINI GUSAIN Date: 2025.11.21 16:13:31 +05'30'