High CourtsDivision Bench(2024) 11 UK CK 0123

Abhilasha Saini And Another vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 27 November 2024

HON’BLE JUDGES
Manoj Kumar Tiwari, J · Vivek Bharti Sharma, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (CRL) No. 1292 Of 2024

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Judgment

8 paragraphs · 259 words

Manoj Kumar Tiwari, J

1.

Petitioners have sought protection, as according to them, there is grave threat to their life by respondent No. 4 on account of marriage of petitioner No. 2 with petitioner No. 1 (the daughter of respondent No. 4).

2.

As per the documents brought on record, both petitioners are major.

3.

Petitioners appeared before us virtually on 25.11.2024 and they were duly identified by Mr. Rajveer Singh, Advocate. Learned State Counsel was granted time to get instructions regarding threat perception of petitioners.

4.

Today, on instructions, learned State Counsel submits that petitioners are presently residing outside Village Shanterashah, and as per his instructions, there is threat to life of petitioners, if they enter Village Shanterashah.

5.

Since both petitioners are now married and both are major, therefore, in view of law declared by Hon’ble Supreme Court in the case of Lata Negi vs. State of U.P. and Another 2006(5) SCC 475, we are inclined to grant protection to petitioners.

6.

Accordingly, the writ petition is disposed of with a direction to SHO, Police Station Bahadarabad, District Haridwar to provide protection to petitioners for a period of six weeks and ensure that no harm is caused to them by private respondents or any other person acting at their behest. Upon expiry of six weeks, the SHO concerned shall make fresh assessment of the threat perception of the petitioners and take such steps, as are felt necessary.

7.

Let a certified copy of this order be issued today itself, on payment of usual charges, as per rules.