2025:UHC:2357-DB 1 HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA 1st April, 2025 WRIT PETITION (CRIMINAL) NO. 242 OF 2025 Bharti Arya and another ……Petitioners. Versus State of Uttarakhand and others.…….Respondents Counsel for the petitioners : Ms. Sadaf Gaur and Mr. Faizan Ali, learned counsel. Counsel for the State : Mr. J.S. Virk, learned Deputy Advocate General with Mr. R.K. Joshi, 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. 2. It is the case of the petitioners that petitioner No. 1 is the wife of respondent No. 4 and a child (petitioner No. 2) was born out of her wedlock with respondent No. 4; that the terms between them. i.e., first petitioner and the fourth respondent, having soured, led to misunderstanding and parting of ways; that the first petitioner reasonably apprehends violence at the hands of the fourth respondent and; that her approach to the police did not yield any result. Hence, 2025:UHC:2357-DB 2 she has approached this Court. 3. The issue is no more res integra. The issue has been settled by the Hon’ble Apex Court in Lalita Kumari vs. Government of U.P. and others reported in (2013) 14 SCR 713, wherein the police have been directed to register FIR, if the complaint reveals the ingredients of a cognizable offence and in the event the complaint consists of ingredients of non- cognizable offence, then also, the police are required to investigate the complaint. 4. In that view, if the complaint reveals the alleged commission of cognizable offence, the police are required to act in accordance with the directions of the Hon’ble Apex Court rendered in Lalita Kumari (supra). In that event, the concerned jurisdictional SHO shall assess the threat perception and also call the fourth respondent and such other people who are inimically placed towards the petitioners and counsel them regarding the repercussion in law in the event they try to take law into their hands. In the event, the jurisdictional police perceive threat to either of the petitioners; they shall take strict action to prevent any unsavory incident. 2025:UHC:2357-DB 3 5. With the above observations, the writ petition is disposed of accordingly. 6. There shall be no order as to costs. ________________ G. NARENDAR, C.J. _____________ ALOK MAHRA, J. Dt: 1st April, 2025 Rathour PRAVIND RA SINGH RATHOUR Digitally signed by PRAVINDRA SINGH RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=23699ccc2fd40ad81b6fd13 323779d9e3aeb1097d17dbb53d481 cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CD AF92A40CC6179B8E010331BA69523 9171F906FD5C45C4E8, cn=PRAVINDRA SINGH RATHOUR Date: 2025.04.04 12:15:01 +05'30'