WPCRL/791/2024 of ASHU Vs STATE OF UTTARAKHAND
Parties
- WPCRL/791/2024 of ASHU (PETITIONER)
- attached their Marriage Certificate dated 16.07.2024 as Annexure No. 3 to the Writ Petition (RESPONDENT)
Cites (2)
Statutes cited (12)
- constitution of india, article-22(1) (1950)
- constitution of india, article-22(1) (1950)
- constitution of india, article-21 (1950)
- constitution of india, article-22(1) (1950)
- constitution of india, article-22(5) (1950)
- constitution of india, article-141 (1950)
- constitution of india, article-22(1) (1950)
- indian penal code (1860)
- constitution of india (1950)
- constitution of india (1950)
- constitution of india (1950)
- constitution of india (1950)
Full text
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IN THE HIGH COURT OF UTTARAKHANDAT NAINITALHON’BLE THE CHIEF JUSTICE MS. RITU BAHRI AND HON’BLE SRI JUSTICE RAKESH THAPLIYAL 20THJULY, 2024
WRIT PETITION (CRL) No. 791 OF 2024
Smt. Ashu and another.
…Petitioners
Versus
State of Uttarakhand and others. …Respondents
Counsel for the petitioners. : Mr. Mohd. Umar, learned counsel holding brief of Mr. Bilal Ahmed, learned counsel.
Counsel for respondent nos. 1 & : Mr. J.S. Virk, learned Deputy 2. Advocate General with Mr. Rakesh Kumar Joshi, learned Brief Holder for the State of Uttarakhand.
JUDGMENT: (per Ms. Ritu Bahri, C.J.)
In this case, the petitioners are seeking protection. Both of them are present before this Court. Counsel for the petitioners states that both the petitioners – Smt. Ashu and Himanshu are major. High School Examination Certificate of petitioner no. 1 – Smt. Ashu is Annexure No. 1, at Page No. 13, where her date of birth is 01.01.2004. Aadhaar Card and High School Examination Certificate of petitioner no. 2 – Himanshu is Annexure No. 2 at Page Nos. 14 & 15 respectively, where his date of birth is 05.06.2003. Both of them have solemnized marriage. They have
attached their Marriage Certificate dated 16.07.2024 as Annexure No. 3 to the Writ Petition.
Both the petitioners are apprehending danger
from respondent nos. 3 & 4, who are the family members of petitioner no. 1 – Smt. Ashu. In this regard, they have given detailed representation to the Senior Superintendent of Police, District Haridwar on 18.07.2024 (Annexure No. 4) to give them protection, as they have solemnized marriage against the wishes of their parents.
3. Notice of motion.
4. Mr. J.S. Virk, learned Deputy Advocate General for the State of Uttarakhand accepts notice on behalf of respondent nos. 1 & 2.
5. Without expressing any opinion on the merits of this case, this Writ Petition is being disposed of by giving directions to the Senior Superintendent of Police, District Haridwar to look into the representation dated 18.07.2024 - Annexure No. 4 of the petitioners, and, if need be, give protection to them, if they are apprehending any danger from private respondent nos.3 & 4, in accordance with law.
6. Certified copy of this order be supplied to the learned counsel for the parties, as per Rules, today itself.
7. Pending application(s), if any, also stand disposed of accordingly.
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RITU BAHRI, C.J.
Dt: 20[th] July, 2024 Rahul
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RAKESH THAPLIYAL, J.