Research › Search › Judgment

High Court of Uttarakhand · body

2026 DAILYLAW 7550 (UTT)

RAHUL v. STATE OF UTTARAKHAND

WPCRL/1206/2026 · 2026-07-02

Alok Mahra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

UKHC010112072026 2026:UHC:5287 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/1206/2026 Rahul ……Petitioner Versus State Of Uttarakhand ……Respondent Hon'ble Alok Mahra, J. Ms. Manju Chauhan proxy counsel for Ms. Prabha Naithani, learned counsel for the petitioner. 2. Mr. Virendra Singh Rawat, learned A.G.A. for the State. 3. By means of the present criminal writ petition filed under Article 226 of the Constitution of India, the petitioners seek the issuance of a writ, order or direction in the nature of mandamus directing the respondent police authorities to provide immediate and adequate protection to the life and liberty of the petitioners. The petitioners further pray for the issuance of a writ, order or direction commanding the respondent authorities to consider and decide the UKHC010112072026 2026:UHC:5287 complaint dated 22.06.2026 submitted by the petitioners, strictly in accordance with law, within a time- bound period. The petitioners also seek the issuance of a writ, order or direction in the nature of mandamus directing the respondent authorities that, in the event of any imminent threat, apprehension, unlawful interference or attempted assault by respondent nos. 4 to 10, or by any person acting on their behalf, against the petitioners, the respondent police authorities shall forthwith take appropriate preventive and remedial measures, strictly in accordance with law, so as to effectively protect the life, liberty, dignity and property of the petitioners. 4. Learned counsel for the petitioners would submit that petitioner no.1 and respondent no.4 solemnized their marriage on 30.11.2024; that, due to matrimonial discord, the parties are presently living separately; that, respondent no.4 has, on several occasions, physically assaulted the UKHC010112072026 2026:UHC:5287 aged mother of petitioner no.1 and has continuously subjected the petitioners to mental cruelty by using abusive and filthy language and by extending threats of false criminal implication. 5. It is further submitted that respondent No.4 has also openly threatened to eliminate petitioner no.1; that, apprehending danger to their life and liberty, the petitioners submitted a detailed representation/complaint before the competent police authorities seeking protection; that, respondent no.4 is serving as a Constable in the Uttarakhand Police. 6. Learned State Counsel, on the basis of written instructions received from the concerned police authorities, would submit that upon receipt of the petitioners' complaint, the concerned police personnel (Chetak Police) visited the residence of the petitioners, conducted an enquiry into the matter, and provided petitioner no.1 with the contact number of the Chetak Police for immediate assistance. It is further submitted that the petitioners were UKHC010112072026 2026:UHC:5287 informed that in the event respondent no.4 visits their residence without prior intimation and attempts to threaten, intimidate or cause any harm to them, they may immediately contact the Chetak Police, whereupon necessary police assistance and protection shall be extended forthwith. The written instructions further disclose that the concerned police authorities have also directed the Chetak Police to make periodic visits to the residence of the petitioners to enquire about their well- being and to ensure that no untoward incident takes place. A copy of the written instructions has been produced before the Court. 8. Heard learned counsel for the parties and perused the material available on record, including the written instructions furnished by the learned State Counsel. 9. From a perusal of the written instructions, it is evident that the respondent-police authorities have already taken appropriate steps for safeguarding the life and liberty of the UKHC010112072026 2026:UHC:5287 petitioners, which constitutes the principal relief sought in the present writ petition. In view thereof, no further direction is required to be issued by this Court, and the cause of action raised in the present petition no longer survives. 10. Accordingly, the writ petition stands disposed of in terms of the written instructions furnished by the learned State Counsel. It is, however, observed that in the event of any fresh threat or untoward incident involving the petitioners, it shall be open to them to approach the concerned police authorities, who shall take action strictly in accordance with law. 11. The written instructions produced before the Court are taken on record. The Registry is directed to paginate the same and make it part of the record. 12. Pending applications, if any, also stand disposed of. (Alok Mahra, J.) 02.07.2026 Mamta MAMTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f244f3e584af1449e430ef900 bf09a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9cabfd54852c9e68911ca8b 66dd26690a191648ab5d8dd004ef0, cn=MAMTA RANI Date: 2026.07.03 11:46:03 +05'30'