A division bench of the Chief Justice Sri Vipin Sanghi and Justice R.C. Khulbe of Uttarakhand HC has not allowed the petition filed for grant of the police protection for seeking the possession and instead suggested to went for the civil remedy in appropriate court.
Facts:
The fact of the present case is to seek a direction to respondents Nos. 1 to 3-the State Authorities to provide him protection from the threat perceived by him from respondents Nos. 4 to 7, who are private respondents. It is the case of the petitioner that the said private respondents, by taking advantage of the absence of the petitioner, have encroached upon his immovable property. The petitioner has not went for any civil remedy till now.
Observations of the Court:
The court observes that if the petitioner has a civil dispute with respondents Nos. 4 to 7, it is open to the petitioner to invoke his civil remedies, and the Police authorities cannot be roped-in to resolve the said dispute and this court is not inclined to direct grant of police protection to the petitioner for the purpose of settlement of the petitioner’s civil dispute with respondents Nos. 4 to 7. The police shall not get embroiled in the said dispute between the petitioner on the one hand, and respondents Nos. 4 to 7 on the other hand. However, in case, there is a threat perception qua the petitioner from respondent Nos. 4 to 7, respondent No. 3 shall evaluate the same and take appropriate action so that there is no danger to the life of the petitioner.
Decision:
The petition wasn’t allowed by this court as the police shall not get embroiled with the said dispute between the petitioner and the respondent and take the appropriate step to evade the threat of life to the petitioner.
Case: Shankar v. State of Uttarakhand
Citation: WRIT PETITION (CRL) No. 2059 OF 2022
Coram: Chief Justice Sri Vipin Sanghi and Justice R.C. Khulbe
Dated: 11.11.2022
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