SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(UK) 101

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, Manoj Kumar Tiwari, JJ.
Laxmi & Anr. - Appellants
Versus
State of Uttarakhand & Ors. - Respondents
Writ Petition (CRL) No. 40 of 2023
Decided On : 09-01-2023

Advocates appeared:
B.S. Koranga, Advocate, Rakesh Kumar Joshi, Advocate

The court has the authority to issue a writ of mandamus directing law enforcement authorities to provide necessary protection to individuals facing threats to their lives and liberty.

Headnote:

Mandamus - Police Protection - The court directed the Senior Superintendent of Police to take a decision on the representation of the petitioners within 30 days and ordered the SHO to provide necessary police protection for the petitioners' lives and liberty.

Fact of the Case:

The petitioners, who belong to the same faith, married each other and sought protection from the police due to threats from certain individuals.

Finding of the Court:

The court disposed of the writ petition by directing the Senior Superintendent of Police to make a decision on the petitioners' representation within 30 days and ordered the SHO to provide necessary police protection for the petitioners.

Issues: Protection sought by the petitioners from the police due to threats to their lives and liberty.

Ratio Decidendi: The court's decision was based on the need to ensure the safety and security of the petitioners in light of the threats they faced.

Final Decision: The court directed the Senior Superintendent of Police to take a decision on the representation of the petitioners within 30 days and ordered the SHO to provide necessary police protection for the petitioners' lives and liberty.

JUDGMENT

Manoj Kumar Tiwari, J. - In this petition, the petitioners have prayed for the following relief:-

    'i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 and 2 to provide protection to the petitioners from the Respondent No. 3, and 4, so that they can live peacefully.'

    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 have solemnized their marriage on 02.01.2023 as per Hindu customs at Sri Vankhandi Mahadev Shivalaya, Chakarpur (Khatima), District Udham Singh Nagar (Copy of the marriage certificate is annexed as Annexure No. 1 to the writ petition).

    3. The learned counsel for the petitioners submits that the petitioners have already made a representation on 03.01.2023 before the Senior Superintendent of Police, District Udham Singh Nagar- respondent no. 1 for protecting their lives, a copy whereof is annexed as Annexure No. 3 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.

    4. 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 petitioners (Annexure No. 3) within 30 days from today. The Senior Superintendent of Police, District Udham Singh Nagar shall take information and intelligence from the concerned SHO during the course of action whether further police protection is required or not. In the interregnum, the SHO, Police Station Khatima, District Udham Singh Nagar-respondent no. 2 shall provide necessary police protection for protecting the lives and liberty of the petitioners.

    5. Consequently, pending applications, if any, also stand disposed of.

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

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

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon Back to top