Sanjana and Anr v. State of Uttarakhand

2024:UHC:9664-DB SL. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGES'S ORDERS

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WPCRL No. 1402 of 2024 Hon 'ble Man oj Ku m ar Tiw ar i, A.C.J. Hon 'ble Viv ek Bh ar t i Sh ar m a, J.

¶1Mr. Sumit Kumar and Mr. Ravi Bisht, learned counsel for petitioners.

¶2Mr. Rakesh Kumar Joshi, learned Brief Holder for State of Uttarakhand/ respondent nos. 1 to 3.

¶3Petitioners have sought protection by filing this Writ Petition. According to them, they were in love and they got married at a Temple at Kashipur on

17.12.2024, however, the parents and family members of petitioner no. 1 are unhappy with their marriage, and they are extending threats to both petitioners. As per documents enclosed with the Writ Petition, both petitioners are major. As per the certificate issued by Principal, Government Junior High School, Narainpur, District Udham Singh Nagar, produced in Court by counsel for petitioners, the date of birth of petitioner no. 1 is 10.01.2003.

¶4Petitioners appeared before us. Petitioner no. 2 stated that his date of birth is 01.01.2003, which is also reflected in the Aadhaar Card of petitioner no. 2. Petitioner no. 2 stated that he runs a flower shop at Rudrapur, and he is a resident of Ward No. 13, Adarsh Colony, Rudrapur. Petitioner no. 1 stated that she is a resident of Narainpur, Tehsil Jaspur, District Udham Singh Nagar.

¶5Learned State Counsel submits that, since both petitioners are major, and they are now married, as per the documents enclosed with the Writ Petition,

2024:UHC:9664-DB therefore, he has no objection if protection is given to them for reasonable time, in view of the law declared by Hon'ble Apex 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 .

¶6We, accordingly, dispose of this Writ Petition, with a direction to S.H.O., P.S.-Rudrapur, District Udham Singh Nagar/ respondent no. 3 to provide protection to petitioners for a period of six weeks to ensure that no harm is caused to them by any of the private respondents during this period. Upon expiry of six weeks, respondent no. shall make fresh assessment of threat perception to petitioners, and adopt such measures, as are deemed necessary for the safety and security of petitioners.

¶7Let a certified copy of this order be issued to the parties, as per Rules, today itself.

¶8Pending application(s), if any, also stand disposed of.

( Viv ek Bh ar t i Sh ar m a, J.) ( Man oj Ku m ar Tiw ar i, A.C.J.) 1 8 .1 2 .2 0 2 4 Rahul

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=aa4fa3bee6691397758b14516ed3e66e61bf4c848741983ed8c 39e4145cf1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8A192FCAD15C390A1AAD7 B39857D2540AE4C28A4898, cn=RAHUL PRAJAPATI Date: 2024.12.18 17:41:34 +05'30'