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2025 DAILYLAW 7412 (UTT)

ROSHANI BANO AND ANR v. STATE OF UTTARAKHAND

WPCRL/573/2025 · 2025-06-05

Alok Mahra, G Narendar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:4566-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. 573 OF 2025 05TH JUNE, 2025 Roshani Bano & another …..Petitioners. Versus State of Uttarakhand & others ….Respondents. Counsel for the Petitioners : Mr. Kaushal Sah Jagati, learned counsel. Counsel for the State : Mr. J.S. Virk, learned Deputy Advocate 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 religion, and that the petitioners developed a liking for each other, and now both the petitioners are living together. Since the family members and others relatives of the first petitioner are against this relationship, 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 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 2025:UHC:4566-DB Deputy Advocate General for the State that the parties are living together. 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 Bajpur, 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 respondent, and such other persons, who are inimically placed towards the relationship of the petitioners, and counsel them, in accordance with law. 6. The Writ Petition stands ordered accordingly. 7. Pending application, if any, also stands disposed of. (G. NARENDAR, C.J.) (ALOK MAHRA, J.) Dated: 05th June, 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=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc00ec2b746 2b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63A055CFD 1961690560487E670C, cn=NISHANT KUMAR Date: 2025.06.09 10:39:14 +05'30'