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2026 DAILYLAW 1184 (UTT)

SHAHANA NAGMA v. SENIOR SUPERINTENDENT OF POLICE HARIDWAR

WPCRL/212/2026 · 2026-01-28

Subhash Upadhyay

Writ Petition (Criminal)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:650 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY Writ Petition (Criminal) No. 212 of 2026 28th January, 2026 Shahana Nagma and Another --Petitioners Versus Senior Superintendent of Police, Haridwar and Others --Respondents ---------------------------------------------------------------------- Presence:- Mr. Shakib Husain, learned counsel for the petitioners. Mr. S.C. Dumka, learned AGA for the State. ---------------------------------------------------------------------- Hon'ble Subhash Upadhyay, J. Heard learned counsel for the petitioners and learned counsel for the State. 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 petitioner no.1 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 from the family members of the first petitioner, and hence they are before this Court praying for protection. 2026:UHC:650 2 3. The documents on record reveal that both the petitioners are major, and it is also submitted by the learned counsel for the petitioners that the parties have performed Nikah on 15.01.2026 at Zubeda Maszid Manglour, District Haridwar. 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 Kotwali Gangnahar, Roorkee, 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 respondents, 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. (SUBHASH UPADHYAY, J.) Vacation Judge Dated: 28.01.2026 BS BALWANT SINGH Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28cdf4 ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F418755 DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2026.01.28 14:23:03 +05'30'