Uttarakhand High Court
WPCRL/426/2022 on 1 April, 2022
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WPCRL No.426 of 2022
Shri Sanjaya Kumar Mishra, ACJ.
Shri Ramesh Chandra Khulbe, J.
Mr. M.S. Pal, learned Senior Counsel
assisted by Mr. Sachin, learned counsel for
the petitioners.
Mr. J.S. Virk, learned Dy. Advocate
General along with Mr. Rakesh Joshi,
learned Brief Holder for the State.
Mr. A.S. Rawat, learned Senior
Counsel assisted by Mr. Piyush Garg,
learned counsel for respondent nos.5 & 6.
This is a recall application filed on
behalf of respondent nos.5 & 6 for recall of
the order dated 14.03.2022 passed by this
Court.
It is submitted by learned Senior
counsel for the respondent nos.5 & 6 that
initially we passed the order disposing the
writ application by the following operative
order:-
"In that view of the matter, we are
not inclined to pass a writ of mandamus.
However, it is submitted that the
petitioners have been threatened over
phone, and they can produce the audio
clip of the same facts to the notice of
Senior Superintendent of Police, District
Dehradun, within a period of three days.
On such an event, the Senior
Superintendent of Police, District
Dehradun, the opposite party No.3, shall
take appropriate instructions and feedback
from the Station House Officer, P. S.
Raiwala, District Dehradun, and take a
decision in the matter. If actually, a threat
to the life of the petitioners is found, then
appropriate orders shall be passed by the
Senior Superintendent of Police, District
Dehradun, for protection of the
petitioners. If the information given by the
petitioners reveals a prima facie case, First
Information Report should be registered."
Thereafter, the petitioners again
approached us, and then, we passed a
similar order which is quoted below:-
"This Court is inclined to dispose of
the writ petition giving liberty to the
petitioners to bring all the facts to the
notice of Senior Superintendent of Police,
District Haridwar, within a period of three
days. On such an event, the Senior
Superintendent of Police, District
Haridwar, the respondent No.3, shall take
appropriate instructions and feedback from
the Station House Officer, P. S. Kotwali
Haridwar, District Haridwar, and take a
decision in the matter. If actually, a threat
to the lives of the petitioners is found,
then appropriate orders shall be passed by
the Senior Superintendent of Police,
Haridwar, for protection of the petitioners.
If the information given by the petitioners
reveals a prima facie case, First
Information Report should be registered."
The learned Senior counsel appearing
for the private respondents, who is
seeking recall of the order, submits that
on the basis of such order passed by this
Court, the petitioners have been time and
again approaching the police to register
multiple complaints against the same
offence over the same property which
according to him is not proper.
In view of the judgments passed by
the Hon'ble Supreme Court in T.T.
Anthony Vs. State of Kerala (2001) 6
SCC 181 and Arnab Manoranjan
Goswami Vs. State of Maharashtra
(2021) 2 SCC 427, we do not find any
reason to recall the order since it was an
innocuous order.
If any information is lodged before
the police which reveals the cognizable
case, then it is duty of the police to
register the case. This is our only
observation.
In that view of the matter the recall
application is disposed of directing the
Senior Superintendent of Police, Dehradun
as well as Senior Superintendent of Police,
Haridwar to reassess all the cases filed by
the petitioners which has been registered
as FIR and take appropriate action thereon
in the light of the ratio of the judgments
decided by the Hon'ble Supreme Court in
the case (supra).
(R.C. Khulbe, J.) (S.K. Mishra, ACJ.)
01.04.2022
SS/RB
