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2025 DAILYLAW 1519 (UTT)

SHIBA AND ANR v. STATE OF UTTARAKHAND

WPCRL/43/2025 · 2025-03-10

Ashish Naithani, G Narendar

body2025

Judgment text

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2025:UHC:1638-DB 1 HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. G. NARENDAR AND HON’BLE SRI JUSTICE ASHISH NAITHANI 10TH MARCH, 2025 WRIT PETITION (CRL) NO.43 OF 2025 Shiba& another …...Petitioners Versus State of Uttarakhand and others …….Respondents Counsel for the Petitioners : Mr. Susheel Kumar, learned counsel. Counsel for the State : Mr. S.S. Chauhan, learned Deputy Advocate General with Mr. Vikash Uniyal, 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 community, 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 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 theyseriously apprehend threat to their life and limb from the family and other relatives of the 2025:UHC:1638-DB 2 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 Nikah on 24.12.2024, which fact is also evident from the Nikahanama dated 24.12.2024. 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 Piran Kaliyar, 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 Nikah of the petitioners, and counsel them, in accordance with law. 2025:UHC:1638-DB 3 6. The Writ Petition stands ordered accordingly. 7. As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed. ________________ G. NARENDAR, C.J. _____________________ ASHISH NAITHANI, J. Dt: 10th March, 2025 NISHANT