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2025 DAILYLAW 9182 (UTT)

RUKSHAR AND ANR v. STATE OF UTTARAKHAND

WPCRL/766/2025 · 2025-07-24

Alok Mahra, G Narendar

body2025

Judgment text

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2025:UHC:6536-DB 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA 24TH JULY, 2025 WRIT PETITION (CRL) No. 766 OF 2025 Smt. Rukshar and another. …..Petitioners Versus State of Uttarakhand and others. …Respondents Counsel for the petitioners. : Mr. Bilal Ahmed, learned counsel. Counsel for the respondents : Mr. B.N. Molakhi, learned Deputy Advocate General with Mr.R.K. Joshi, learned Brief Holder for the State. JUDGMENT : (per Sri 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 religion, 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 2025:UHC:6536-DB 2 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 Deputy Advocate General for the State that the parties have performed their marriage on 15.07.2025. The petitioners have also placed on record marriage certificate dated 15.07.2025 as Annexure-3. 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 Manglour, 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 respondent, and such other persons, who are inimically placed towards the marriage of the petitioners, and counsel them, in accordance with law. 6. The Writ Petition stands ordered accordingly. 2025:UHC:6536-DB 3 7. Pending application, if any, also stands disposed of. _______________ G. NARENDAR, C.J. _____________ ALOK MAHRA, J. Dt: 24th July, 2025 Rathour PRAVINDR A SINGH RATHOUR Digitally signed by PRAVINDRA SINGH RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=23699ccc2fd40ad81b6fd13323779 d9e3aeb1097d17dbb53d481cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A4 0CC6179B8E010331BA695239171F906FD5C 45C4E8, cn=PRAVINDRA SINGH RATHOUR Date: 2025.07.29 11:22:42 +05'30'