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High Court of Uttarakhand · body

2025 DAILYLAW 2611 (UTT)

DEEPALI SARKAR AND ANR v. STATE OF UTTARAKHAND

WPCRL/101/2025 · 2025-02-19

Ashish Naithani, G Narendar

Writ Petition (Criminal)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:1202-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE MR. G. NARENDAR, C.J. HON’BLE MR. ASHISH NAITHANI, J WRIT PETITION (CRIMINAL) No.101 of 2025 Deepali Sarkar & another …Petitioners Versus State of Uttarakhand & others …Respondents Counsel for the petitioners Counsel for State : : Mrs. Manju Bahuguna, learned counsel. Mr. S.S. Chauhan, learned DAG. JUDGMENT : (per HON’BLE MR. G. NARENDAR, C.J.) Heard learned counsel for the petitioners Smt. Manju Bahuguna, and the learned Deputy Advocate General for the State of Uttarakhand Sri S.S. Chauhan. 2. It is submitted that both the petitioners belong to the same community, and that the petitioners having 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 1 2025:UHC:1202-DB 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 10.02.2025, which fact is also evident from the Marriage Certificate issued by the Arya Samaj, Baheri, Bareilly (U.P.) dated 10.02.2025. 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, the petitioners have made out a case for grant of protection. 2 2025:UHC:1202-DB 5. The Station House Officer, Police Station Kiccha, 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. As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed. G. NARENDAR, C.J. ASHISH NAITHANI, J. Dt:19th February, 2025 NR/ 3