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2026 DAILYLAW 1423 (UTT)

KUSUM v. STATE OF UTTARAKHAND

WPCRL/211/2026 · 2026-01-27

Subhash Upadhyay

Writ Petition (Criminal)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:647 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (Criminal) No. 211 of 2026 27 January, 2026 Smt. Kusum and another -------------Petitioners Versus State of Uttarakhand and others -----------Respondents ---------------------------------------------------------------------- Presence:- Mr. Faizan Ali, learned counsel holding brief of Mr. Vishal Kumar Nautiyal, learned counsel for the petitioners. Mr. G.S.Sandhu, learned Additional A.G., assisted by Mr. Vijay Khanduri, Brief Holder for the State. ---------------------------------------------------------------------- Heard learned counsel for the petitioners and learned Additional 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 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 1 2026:UHC:647 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 petitioners are living together after their marriage. They have already made a representation before the Senior Superintendent of Police, Haridwar. 4. In that view of the matter, and in view of the Judgment 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 Laksar 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. 2 2026:UHC:647 6. The writ petition stands ordered accordingly. As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed. (SUBHASH UPADHYAY, J.) Dated: 27.01.2026 Kaushal 3