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2025 DAILYLAW 5664 (UTT)

POOJA v. STATE OF UTTARAKHAND THROUGH THE SECRETARY, HOME U.K. DEHRADUN

WPCRL/364/2025 · 2025-04-25

Alok Mahra, G Narendar

body2025

Judgment text

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2025:UHC:3078-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA WRIT PETITION (CRL) NO. 364 OF 2025 25TH APRIL, 2025 Pooja & another …..Petitioners. Versus State of Uttarakhand & others ….Respondents. Counsel for the Petitioners : Ms. Shefali Singh, learned counsel holding brief of Mr. Himanshu Pal Singh, learned counsel. Counsel for the State : Mr. J.S. Virk, learned Deputy Advocate General with Mr. R.K. Joshi, learned Brief Holder. The Court made the following: JUDGMENT:(per Hon’ble The Chief Justice Sri G. Narendar) 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 they seriously apprehend threat to their life and limb from the family and other relatives of the first 2025:UHC:3078-DB 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 05.04.2024 and registered their marriage with the office of Sub-Registrar, Registration of Marriage, Haridwar, District Haridwar on 17.04.2025 (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. 5. The Station House Officer, Police Station Khanpur, Laksar, 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 marriage of the petitioners, and counsel them, in accordance with law. 2025:UHC:3078-DB 6. The Writ Petition stands ordered accordingly. 7. Pending application, if any, also stands disposed of. (G. NARENDAR, C.J.) (ALOK MAHRA, J.) Dated: 25th April, 2025 NISHANT NISHANT KUMAR Digitally signed by NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd6313360 5ca57cdc00ec2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C2 0892BC63A055CFD1961690560487E670C, cn=NISHANT KUMAR Date: 2025.04.28 11:02:44 +05'30'