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Judgment
G. Narendar, J
Petitioners have approached this Court for the following relief:-
“(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent nos.1, 2 and 3 to provide security to the petitioners and they may be directed to ensure that the respondent no.4 and other family members may not harass, threat and commit violation to the petitioners in any manner.”
It is submitted that petitioner no.1 is Hindu while petitioner no.2 belongs to Sikh community; that the petitioners developed a liking for each other and now they wish to solemnize their marriage. Since the family members and others relatives of the first petitioner are against their marriage, they are giving out threats to the petitioners. Petitioners submit that they are facing stiff resistance, and they seriously apprehend threat to their life and limb from the family and other relatives of the first petitioner, and hence they are before this Court praying for protection.
Learned Deputy Advocate General submits that the petitioners are major and wish to marry with each other, hence, the State is under obligation to ensure that no harm is caused to the petitioners by private respondents.
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.
The Station House Officer, Police Station Mukhani/Out Post RTO, District Nainital 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.
The Writ Petition stands ordered accordingly.
Pending application, if any, also stands disposed of.