Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 7385 (UTT)

DARSHAN SINGH AND ANR v. STATE OF UTTARAKHAND

WPCRL/579/2025 · 2025-06-06

Alok Mahra, G Narendar

Writ Petition (Criminal)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. G. NARENDAR AND THE HON’BLE JUSTICE MR. ALOK MAHRA Writ Petition (Criminal) No. 579 of 2025 6th June, 2025 Darshan Singh and Another --Petitioners Versus State Of Uttarakhand and Others --Respondents ---------------------------------------------------------------------- Presence:- Mr. Sanjay Kumar, counsel for the petitioners. Mr. J.S. Virk, learned Deputy Advocate General with Mr. Rakesh 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 of Uttarakhand. 2. It is submitted that both the petitioners belong to the same faith, 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 of the petitioner no.2 are against this marriage, they are giving out threats to kill both the petitioners. Petitioners submit 2 that they are facing stiff resistance, and they seriously apprehend threat to their life and limb from the family members 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 major, and it is also submitted by the counsel for the petitioners that the parties have performed marriage according to Hindu Rites and Rituals on 04.06.2025 at Temple of Man Balsundary Devi (Ujjaini Shaktipeeth), Shri Chaiti Dham, District, Udham Singh Nagar. 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 Vs 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 I.T.I., 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 3 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.) Dated: 06.06.2025 BS