Arti D/O Sh. Narinder Singh vs State Of Himachal Pradesh on 18 May, 2022

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Himachal Pradesh High Court

Arti D/O Sh. Narinder Singh vs State Of Himachal Pradesh on 18 May, 2022

Bench: Sandeep Sharma

     IN   THE   HIGH COURT OF HIMACHAL          PRADESH, SHIMLA

                   ON THE 18th DAY OF MAY, 2022

                              BEFORE




                                                         .
                HON'BLE MR. JUSTICE MOHAMMAD RAFIQ





                           CHIEF JUSTICE
                                  &

                HON'BLE MR. JUSTICE SANDEEP SHARMA





                 CIVIL WRIT PETITION No.3008 of 2022

    Between:





    1. ARTI D/O SH. NARINDER SINGH,
       RESIDENT OF WARD NO.1,
       VILLAGE JEETPUR BEHERI, POST
       OFFICE KHAD, TEHSIL GHANARI,
       DISTRICT UNA, H.P. AGED ABOUT
       25 YEARS.


    2. RAHUL KUMAR, SON OF SH. VIJAY
       KUMAR, RESIDENT OF WARD
       NO.1, VILLAGE JEETPUR BEHERI,
       POST OFFICE KHAD, TEHSIL
       GHANARI, DISTRICT UNA, H.P.


       AGED 24 YEARS.

                                                     ....PETITIONERS




    (BY MS. RACHANA SHARMA,
    ADVOCATE)





    AND
    1. STATE OF HIMACHAL PRADESH
       THROUGH           PRINCIPAL





       SECRETARY (HOME) SHIMLA,
       HIMACHAL PRADESH.

    2. THE    SUPERINTENDENT   OF
       POLICE, UNA, DISTRICT UNA,
       H.P.

    3. THE STATION HOUSE OFFICER,
       AMB, DISTRICT UNA, H.P.

    4. SH. NARINDER SINGH SON OF
       SH. GIAN CHAND, RESIDENT OF
       VILLAGE RAM NAGAR, POST




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                                        2

         OFFICE NAKROH, TEHSIL AMB,
         DISTRICT UNA, H.P.

    5. SH. GOPAL DOGRA SON OF SH.
       NARINDER SINGH, RESIDENT OF
       VILLAGE RAM NAGAR, POST




                                                                   .
       OFFICE NAKROH, TEHSIL AMB,





       DISTRICT UNA, H.P.

                                                        ......RESPONDENTS.





    (MR. VIKAS RATHORE,           ADDITIONAL
    ADVOCATE GENERAL)



          This petition coming on for admission before notice this day,





    Hon'ble Mr. Justice Sandeep Sharma, passed the following:


                ORDER

Petitioners, who have solemnized marriage, apprehending danger to their lives, have approached this Court in the instant proceedings filed under Article 226 of Constitution of India, seeking therein direction to the respondents to provide adequate security /police protection to the petitioners as well as family members of petitioner No.2.

2. Having taken note of the averments contained in the petition, which is duly supported an affidavit, this Court vide order dated 13.05.2022, while directing the respondent-

State to file reply, specifically directed the Superintendent of Police Una, Himachal Pradesh, to ensure that no harm is caused to petitioners No.1 and 2.

3. Pursuant to aforesaid direction, Mr. Vikas Rathore, learned Additional Advocate General, has stated before this Court that as per the instructions imparted to him, necessary ::: Downloaded on - 19/05/2022 20:05:54 :::CIS 3 protection has been already provided to the petitioners. He further stated that as per the investigation, petitioners have solemnized inter-caste marriage and as such, parents of .

petitioner No.1 have become inimical to the petitioners. He stated that as per the statement given by the father of the petitioner No.1, they have no relation of any kind with the petitioners and there is no imminent threat to the life of the petitioners from the parents of petitioner No.1. He stated that otherwise also, petitioners are always at liberty to approach the police authorities in case they are threatened or caused harm of any kind by the parents of petitioner No.1 i.e respondents No.4 and 5.

4. Consequently, in view of the aforesaid statement made by learned Additional Advocate General, we do not see any reason to keep the present petition alive and accordingly same is closed with a direction to Superintendent of Police, Una, to ensure that no harm is caused to petitioners No.1 and 2 and they are provided adequate security/police protection as and when required. Respondents No.4 and 5 are also directed not to cause any harm/threat to petitioners No.1 and 2 and in the event of their being found involved in any illegal act of causing threat to the petitioners, they would render themselves liable for penal consequences as well as contempt of the Court.

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5. Copy of this order be made available to respondents No.4 and 5 by Superintendent of Police, Una, Himachal Pradesh, on the address given in the memo of .

parties for necessary compliance.

The present petition is disposed of in the aforesaid terms alongwith pending applications, if any.

(Mohammad Rafiq) Chief Justice (Sandeep Sharma) Judge 18th May, 2022 (shankar) ::: Downloaded on - 19/05/2022 20:05:54 :::CIS

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