Shahrukh Khan v. State of Uttarakhand

I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL

HON'BLE THE CHI EF JUSTI CE SRI G. NARENDAR AND HON'BLE SRI JUSTI CE SUBHASH UPADHYAY 1 6 TH OCTOBER, 2 0 2 5

W RI T PETI TI ON ( CRL) No. 1 26 9 OF 2 0 2 5

Shahrukh Khan and another.

..Petitioners

Versus

State of Uttarakhand and others.

…Respondents

Counsel for the petitioners.

: Mr. Vaibhav Singh Chauhan and Ms. Naina Mittal, learned counsel. Counsel for the respondents

: Mr. J.S. Virk, learned Deputy Advocate General with Mr. R.K. Joshi, learned Brief Holder for the State.

JUDGMENT : ( per Sr i G. Nar en dar , C.J.)

Heard learned counsel for the petitioners, and learned Deputy Advocate General for the State of Uttarakhand.

2.

It is submitted that both the petitioners belong to same religions; that the petitioners developed a liking for each other and now they intend to enter into love marriage with each other, and presently both the petitioners are living together at Roorkee, Haridwar. Since the family members and other relatives of the second petitioner are against the petitioners' 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 and relatives of the second petitioner, and hence they are before this Court praying for protection. It is stated that petitioner No. 2 has also submitted a representation to SSP, Haridwar.

3.

The documents on record reveal that both the petitioners are majors, and it is also submitted by the learned Deputy Advocate General for the State that both the petitioners are presently living together and intend to marry each other in near future.

4.

In that view of the matter, and in view of the ruling of the Hon'ble Supreme Court in the case of Lat a Sin gh v. St at e of U.P. an d an ot h er , ( 2 0 0 6 ) 5 SCC 4 7 5 , the petitioners have made out a case for grant of protection.

5.

The Station House Officer, Police Station Kotwali 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.

A

¶6The Writ Petition stands ordered accordingly.

¶7Pending application, if any, also stands disposed of.

_______________ G. NARENDAR, C.J.

__________________

SUBHASH UPADHYAY, J.

thDt: 16 October, 2025 Rathoura Digital y signed by PRAVINDRA SINGH RATHOUR PRAVINDR DN: c=IN, o=HIGH COURT OF UT ARAKHAND, ou=HIGH COURT OF UT ARAKHAND,

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