Uttarakhand High Court
WPCRL/143/2021 on 15 March, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN
AND
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
WRIT PETITION (CRIMINAL) NO.143 of 2021
15TH March, 2021
Between:
Lovepreet Singh and others. .......Petitioners
and
State of Uttarakhand and others. .......Respondents
Counsel for the : Mr. Harshpal Sekhon, learned
petitioners counsel.
Counsel for the : Mr. J.S. Virk, learned Deputy
respondent Nos. 1 to Advocate General assisted by
4. Mr. Rohit Dhyani, learned
Brief Holder.
Counsel for : Mr. Rahul Adhikari, learned
respondent Nos. 6 to counsel.
9.
The Court made the following:
JUDGMENT: (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)
The petitioners have filed the present writ
petition before this Court for seeking police protection
from respondent Nos.5 to 9. According to the
petitioner No.6, Paramjeet Kaur, she is married to
respondent No.5, Sardul Singh. However, according to
her, her husband, Sardul Singh, is a chronic alcoholic.
Since she belongs to a poor family, she is repeatedly
subjected to mental and physical cruelty by her
husband. Unable to bear the atrocities committed by
her husband, she has sought help from petitioner
Nos.1 to 5 who are her family members. She has
finally taken help from petitioner Nos.1 to 5.
However, as her husband is agitated by the fact that
she has taken help from her relatives, he along with
respondent Nos.6 to 9, have started threatening the
petitioners.
2. The petitioner No.6 further claims that she
has sent a complaint to Senior Superintendent of
Police, Nainital, clearly pointing out that she and her
relatives are being threatened by respondent Nos.5 to
9. Despite the fact that the said complaint was sent
by her on 19.01.2021, no action has been taken by
the Senior Superintendent of Police, Nainital. Hence,
the present petition before this Court.
3. It is, indeed, trite to state that once a
complaint has been made to the Senior
Superintendent of Police with regard to threat being
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imposed by respondent Nos.5 to 9, the Senior
Superintendent of Police is duty bound to take steps
in accordance with law. Even if an FIR could not be
registered, there are sufficient provisions under
Cr.P.C. to ensure that the respondent Nos.5 to 9
would maintain peace and tranquility. Surprisingly,
despite having received the complaint dated
19.01.2021, the Senior Superintendent of Police has
sat quietly over the entire issue. The omissions being
committed by the Senior Superintendent of Police is
unacceptable. Therefore, this Court directs the Senior
Superintendent of Police, Nainital to appear before
this Court on 22.03.2021, and to explain the
omissions being committed by him.
4. This Court also directs the Station House
Officer, Police Station, Kaladhungi, District Nainital
and Station Officer, Police Chowki Bail Paraw, District
Nainital, to provide Police protection to the petitioner
Nos.1 to 6 in case they are available in the State of
Uttarakhand. In case, the petitioner No.6, Paramjeet
Kaur, requires any police protection, when she does
visit Uttarakhand, she shall be free to inform the
Superintendent of Police, Nainital, with regard to such
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a requirement. In case, such information is received
by the Superintendent of Police, Nainital, from
Paramjeet Kaur, he is directed to immediately provide
police protection to her. The police protection shall
not be limited only to protecting the lives of the
petitioner Nos.1 to 6, but shall also extend to
protecting their property, if any.
5. List this case on 22.03.2021.
6. Let a certified copy of this order be issued
to the learned counsel for the petitioner on payment
of usual charges.
_____________________________
RAGHVENDRA SINGH CHAUHAN, C.J.
___________________
ALOK KUMAR VERMA, J.
Dt:15th March, 2021
Pant/Neha
