WPCRL/901/2020
2022 Latest Caselaw 342 UK

           IN THE HIGH COURT OF UTTARAKHAND
                                AT NAINITAL
                         SRI JUSTICE S.K. MISHRA, A.C.J.

                                        AND

                             SRI JUSTICE N.S. DHANIK, J.

WRIT PETITION (CRL) NO. 901 OF 2020

22ND FEBRUARY, 2022

BETWEEN:

Sunil Yadav                                                 .....Petitioner.
And

Senior Superintendent of Police, Udham Singh Nagar & others

....Respondents.

Counsel for the Petitioner : Mr. Deep Prakash Bhatt, learned counsel.

Counsel for the Respondents : Mr. J.S. Virk, learned Deputy Advocate General for the State.

Counsel for the Respondent Nos.3 to 6 : Mr. D.K. Sharma, learned Senior Counsel assisted by Mr. Siddharth Banakoti, learned counsel.

Upon hearing the learned Counsel, the Court made the following

JUDGMENT :(per Sri S.K. Mishra, A.C.J.)

Heard Mr. Deep Prakash Bhatt, the learned counsel

for the petitioner, Mr. J.S. Virk, the learned Deputy Advocate

General, and Mr. D.K. Sharma, the learned Senior Counsel

appearing for the respondent Nos.3 to 6.

2. In this writ petition, the petitioner has prayed for

issuance of a writ in the nature of mandamus directing the

respondent Nos.1 and 2 to provide adequate police protection

to the petitioner and his family members in view of the

perception of threat to their lives and liberty from respondent

Nos.3 to 6.

3. It is no disputed that the petitioner and his family

members are witnesses in a Sessions Trial, as they, allegedly,

were threatened by the accused persons, i.e. respondent

Nos.3 to 6, they approached this Court and by virtue of an

interim order, already police protection has been granted to

the petitioner and his family members.

4. At present, the learned Senior Counsel appearing

for the respondent Nos.3 to 6, submits that they have filed

their counter-affidavit, and they have no objection if the State

Government or the Police Department provide protection to

the petitioner and his family members, as per Rules.

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

also submits that they are providing adequate police

protection under the Witnesses Protection Scheme of the

State of Uttarakhand, and they will continue to do so as long

as threat perception persists.

6. In that view of the matter, we allow the writ

petition directing the respondent Nos.1 and 2 to provide

adequate police protection to the petitioner and his family

members under the Witnesses Protection Scheme of the

State, and continue to do so as long as there is a threat

perception to the life, liberty and property of the petitioner

and his family members.

7. Urgency certified copy of this order be issued to the

parties on proper application.

8. The Registry is directed to provide advance free

copy of this order to Mr. J.S. Virk, the learned Deputy

Advocate General for early compliance of this order.

(S.K. MISHRA, A.C.J.)

(N.S. DHANIK, J.) Dated: 22nd February, 2022 NISHANT