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

2022 Supreme(UK) 429

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, Ramesh Chandra Khulbe, JJ.
Arshi B & Anr. - Appellants
Versus
State of Uttarakhand & Ors. - Respondents
Writ Petition Criminal No. 2444 of 2022
Decided On : 23-12-2022

Advocates appeared:
Manoj Kumar, Advocate, Rakesh Joshi, Advocate

The court can issue a writ of mandamus to compel public authorities to perform their legal duty, such as providing protection and security to individuals in need.

Headnote:

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

Fact of the Case:

The petitioners, who were in love and wanted to marry each other, sought protection and security from the private respondent and others associated with him. They had made a representation to the Senior Superintendent of Police for protection but had not received any response, leading them to file the Writ Petition.

Finding of the Court:

The court disposed of the Writ Petition by directing the Senior Superintendent of Police to take a decision on the representation of the petitioner within 30 days and provide necessary police protection for protecting the lives and liberty of the petitioners.

Issues: Protection and security for the petitioners from private respondent and others associated with him.

Ratio Decidendi: The court's decision was based on the need to ensure the protection and security of the petitioners' lives and liberty, considering the representation made to the Senior Superintendent of Police.

Final Decision: The Writ Petition was disposed of, and all pending applications were also disposed of.

JUDGMENT

Ramesh Chandra Khulbe, J. - In this petition, petitioners have prayed for the following relief(s): -

    i) An appropriate writ, order of direction in the nature of Mandamus commanding the Respondent No. 1 to 3 to provide proper and adequate protection and security to the life and liberty of the Petitioners from private Respondent and other persons associated with him.

    ii) A writ, order or direction in the nature of mandamus commanding the private Respondents not to interfere in the peaceful life of the Petitioners.

    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. The learned counsel for the petitioners submits that the petitioners have already made a representation before the S.S.P, District Udham Singh Nagar-respondent no.2 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 S.S.P, District Udham Singh Nagar-respondent no.2 to take a decision on the representation of the petitioner (Annexure No.2) within 30 days from today. The Senior Superintendent of Police, Udham Singh Nagar shall take information and intelligence from the SHO, Police Station Sitarganj, District Udham Singh Nagar-respondent no.3 during the course of action whether further police protection is required or not. In the interregnum, the SHO, Police Station Sitarganj, District Udham Singh Nagar-respondent no.3 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.

    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