WPCRL/1257/2021
2021 Latest Caselaw 2638 UK

          IN THE HIGH COURT OF UTTARAKHAND
                               AT NAINITAL

       THE HON'BLE THE CHIEF JUSTICE Mr. RAGHVENDRA SINGH CHAUHAN

                                        AND

                THE HON'BLE JUSTICE Mr. ALOK KUMAR VERMA




         WRIT PETITION (CRL) NO. 1257 OF 2021


                             27TH JULY, 2021

BETWEEN:

Smt. Ritu and another.                                           .....Petitioners.


and

State of Uttarakhand and others.                                 ....Respondents

Counsel for the petitioners: Mr. Aditya Singh, Advocate.

Counsel for the respondents: Mr. J.S. Virk, learned Deputy Advocate General for the State of Uttarakhand.

The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)

The petitioners have raised the following prayers

before this Court:-

"(i) Issue an appropriate writ, order or direction to the learned S.S.P. Dehradun to provide police protection to the petitioners at the hands of the accused persons in the F.I.R. NO. 0054/2021 dated 26.3.2021 lodged by petitioner no. 1 at P.S. Premnagar, District Dehradun (contained as Annexure no. 2 to the writ petition).

(ii) Issue a writ, order or direction, in the nature of certiorari quashing the impugned F.I.R. NO. 0149/2021 dated 22.6.2021 lodged by respondent no. 3 for offences under SEctoins 147, 148, 452, 323, 324, 354, 313, 504,

506 I.P.C. at P.S. Premnagar, District Dehradun, contained as Annexure no. 1 to the writ petition.

(iii) Issue an appropriate, writ order or direction to the respondent nos. 1 & 2 not to take any coercive action against the petitioners in pursuance to the impugned F.I.R. No. 0149/2021 dated 22.6.2021 lodged by respondent no. 3 for offences under Sections 147, 148, 452, 323, 324, 354, 313, 504, 506 I.P.C. at P.S. Premnagar, District Dehradun.

(iv) Issue a writ, order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

     (v)    Award the cost of the petition."


2.    Mr.     Aditya   Singh,   the   learned   counsel   for    the

petitioners, seeks the liberty to withdraw the writ petition qua

Prayer Nos. 2 and 3. He further seeks the liberty to file a

separate writ petition seeking the reliefs mentioned in Prayer

Nos. 2 and 3. Therefore, the learned counsel wishes to argue

with regard to Prayer No. 1, which is regarding the police

protection.

3. The learned counsel for the petitioners is permitted to

withdraw the writ petition qua Prayer Nos. 2 and 3. He is

further granted the liberty to file a separate writ petition

challenging the validity and veracity of the FIR.

4. The respondent No. 2 is directed to provide police

protection to both the petitioners. The protection shall not

only be for their lives, but shall also extend to protecting their

property, if any.

5. Mr. J.S. Virk, the learned Deputy Advocate General,

accepts notice on behalf of respondent Nos. 1 to 3.

6. Issue notice to respondent Nos. 4 to 7. Rule made

returnable within four weeks.

7. The learned Deputy Advocate General for the State

seeks four weeks' time to file his counter-affidavit. He is also

directed to inform this Court about the steps taken against

respondent Nos. 4 to 7, if any.

8. List this case after four weeks.

(RAGHVENDRA SINGH CHAUHAN, C.J.)

(ALOK KUMAR VERMA, J.) Dated: 27th July, 2021 Rathour