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Mandal @ Sriti Sarkar And Another Vs State Of Uttarakhand And Others

Case No: Writ Petition Criminal No. 2023 Of 2022

Date of Decision: Nov. 3, 2022

Hon'ble Judges: Vipin Sanghi, CJ; Ramesh Chandra Khulbe, J

Bench: Division Bench

Advocate: M.K. Ray, M.S. Bhandari, Rakesh Joshi

Final Decision: Disposed Of

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Judgement

Ramesh Chandra Khulbe, J

1) In this petition, petitioners have prayed for the following relief(s): -

A. Issue a writ, order or direction in the nature of mandamus directing the respondent no.1 and 2 to provide adequate protection to the

petitioners.

B. Issue any other order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the present

case.

2) In the present case, both the petitioners belong to the same faith and are major. Both the petitioners were in love and they wanted to marry each

other, so they left the house and have solemnized their marriage on 19.10.2022 in a Shiv Mandir as per Hindu rites and rituals. Photographs of the

marriage ceremony are enclosed as Annexure-1. The learned counsel for the petitioners submits that the petitioners have already made a

representation before the Senior Superintendent of Police, District Udham Singh Nagar- respondent no.1 for protecting their lives, a copy whereof is

enclosed as Annexure No.2 to this Writ Petition, but nothing has been done as yet. Having been left with no other remedy, the petitioners have filed

the present Writ Petition.

3) In that view of the matter, we hereby dispose of the Writ Petition by directing the Senior Superintendent of Police, District Udham Singh Nagar -

respondent no. 1 to take a decision on the representation of the petitioner (Annexure No.2) within 30 days from today. The Senior Superintendent of

Police, District Udham Singh Nagar shall take information and intelligence from the SHO, Police Station Rudrapur, District Udham Singh Nagar

during the course of action whether further police protection is required or not. In the interregnum, the SHO, Police Station Rudrapur, District Udham

Singh Nagar shall provide necessary police protection for protecting the lives and liberty of the petitioners.

4) Let a free copy of this order be immediately handed over to Mr. Rakesh Joshi, the learned Brief Holder for the State of Uttarakhand, for early

compliance.

5) The Writ Petition is, hereby, disposed of.

6) In sequel thereto, all pending applications stand disposed of.

7) Urgent copy of this order be supplied to the learned counsel for the parties during the course of the day, as per Rules.