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2025 DAILYLAW 885 (UTT)

ASHTHA v. STATE OF UTTARAKHAND

WPCRL/15/2025 · 2025-01-09

Ashish Naithani, G Narendar

body2025

Judgment text

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2025:UHC:423-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE MR. G. NARENDAR, CJ. HON’BLE MR. ASHISH NAITHANI, J CRIMINAL WRIT PETITION No.15 of 2025 Smt. Ashtha & another …Petitioners Versus State of Uttarakhand & other …Respondents Counsel for the petitioners Counsel for State of Uttarakhand : Ms. Reema Rana, holding brief of Mr. Prem Kaushal, learned counsel. Mr. Girish Chandra Joshi, learned AGA. JUDGMENT : (per Mr. Ashish Naithani, J.) Petitioners have approached this Court for protection. According to them, they were in love and they ultimately got married on 08.12.2024, however, the family members and other relatives of petitioner no. 1, are annoyed due to their marriage, and now they are after the lives of both the petitioners. 2. Petitioners appeared before us. Both petitioners stated that due to difference in their caste, the parents and other family members of petitioner no. 1 are after the lives of both the petitioners. As per the High School Examination certificate and the Aadhaar Card enclosed with the Writ Petition, the date of birth of petitioner no.1, is 17.04.2006. As per the Aadhaar Card of petitioner no.2, his date of birth his 06.07.2003. 3. Learned State Counsel submits that, since both petitioners are major, and they have married voluntarily, 1 2025:UHC:423-DB as per the Marriage Certificate issued by Vedic Bharat Foundation (Registered) (Annexure No.2), therefore, he has no objection if protection is given to them for a reasonable time, in view of the law declared by Hon’ble Apex Court in the case of Lata Singh v. State of U.P. and another, (2006) 5 SCC 475. 4. We, accordingly, dispose of this Writ Petition, with a direction to S.H.O., P.S.-Kotwali Gangnahar, District Haridwar/respondent no.2 to provide protection to petitioners for a period of six weeks to ensure that no harm is caused to them by any of the private respondents during this period. Upon expiry of six weeks, respondent no.2 shall make fresh assessment of threat perception to petitioners, and adopt such measures, as are deemed necessary for the safety and security of petitioners. 5. S.H.O., P.S.-Kotwali Gangnahar, District Haridwar/ respondent no.2 shall also summon private respondents, and counsel them not to take law into their own hands. 6. Pending application(s), if any, also stand disposed of. G. NARENDAR, CJ. ASHISH NAITHANI, J. Dt:09th January, 2025 NR/ 2