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2025 DAILYLAW 6538 (UTT)

MANJEET SINGH AND ANR v. STATE OF UTTARAKHAND

WPCRL/460/2025 · 2025-05-14

Alok Mahra, G Narendar

body2025

Judgment text

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2025:UHC:3877-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA 14TH MAY, 2025 WRIT PETITION (CRL) No. 460 OF 2025 Manjeet Singh and another. …Petitioners Versus State of Uttarakhand and others. …Respondents Counsel for the petitioners. : Mr. Nishant Krishna Adhikari, learned counsel. Counsel for respondent nos. 1 to 3. : Mr. J.S. Virk, learned Deputy Advocate General for the State of Uttarakhand. JUDGMENT : (per Sri G. Narendar, C.J.) Heard learned counsel for the petitioners Mr. Nishant Krishna Adhikari, and the learned DAG for the State of Uttarakhand Mr. J.S. Virk. 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 second 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 1 2025:UHC:3877-DB from the family and other relatives of the second petitioner, and hence they are before this Court praying for protection. 3. The documents on record reveal that both the petitioners are major, and it is also submitted by the learned DAG for the State that the parties have performed their marriage on 05.04.2025, which fact is also evident from the Marriage Registration Certificate dated 02.05.2025, produced as Annexure No. 2 to the Writ Petition. 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 another1, the petitioners have made out a case for grant of protection. 5. The Station House Officer, Kotwali Bazpur, District Udham Singh Nagar (respondent no. 3) 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 1 (2006) 5 SCC 475 2 2025:UHC:3877-DB inimically placed towards the marriage of the petitioners, and counsel them, in accordance with law. 6. The Writ Petition stands ordered accordingly. As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed. _______________ G. NARENDAR, C.J. _____________ ALOK MAHRA, J. Dt: 14th May, 2025 Rahul 3 RAHUL PRAJAPA TI Digitally signed by RAHUL PRAJAPATI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=aa4fa3bee6691397758b14516ed3e66e61 bf4c848741983ed8c39e4145cf1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8A192FC AD15C390A1AAD7B39857D2540AE4C28A4898, cn=RAHUL PRAJAPATI Date: 2025.05.15 11:12:50 +05'30'