WPCRL/1470/2022
2022 Latest Caselaw 2370 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                AND
          THE HON'BLE SRI JUSTICE RAMESH CHANDRA KHULBE


         WRIT PETITION (CRIMINAL) NO. 1470 OF 2022

                             29th JULY, 2022

Between:

Smt. Dharma Bisht                               ......          Petitioner


and


State of Uttarakhand & others                   ......         Respondents


Counsel for the petitioner           :   Mr. Prem Kaushal, learned counsel


Counsel for the respondents          :   Mr. J.S. Virk, learned Deputy
                                         Advocate General with Mr. Rakesh
                                         Kumar Joshi, learned Brief Holder
                                         for the State of Uttarakhand /
                                         respondent Nos. 1 to 3


The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)



             Issue notice.


             Mr.    J.S.     Virk,       learned    Deputy     Advocate

General for the State, accepts notice on behalf of

respondent Nos. 1 to 3.



2)           The petitioner has preferred this writ petition

to seek the direction to respondent police to provide her
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adequate police protection as she is apprehending

serious harm to her life and liberty at the hands of

respondent No. 4.


3)        The case of the petitioner is that respondent

No. 4 is eyeing her property admeasuring about five Nali

at Nishola Bypass, Bhimtal, District Nainital. About one

Nali of the said land has already been encroached upon

by respondent No. 4 and his family members. In respect

of the earlier incident relating to violence, on the

complaint of the petitioner, FIR No. 08 of 2019 was

registered on 26.02.2019, under Section 323, 354, 452,

404 and 506 of IPC against respondent No. 4. At that

stage, respondent No. 4 had tendered his apology, and

accordingly the matter was compromised.         However,

once again, the respondent No. 4 has become active and

he has come to the house of the petitioner with a 'Darati'

to threaten the petitioner and her family members. Her

grievance is that she had made a representation to the

S.H.O., P.S. Bhimtal, on 18.07.2022, but to no avail.


4)        Without going into the correctness of the

allegations made in the writ petition, we dispose of this

petition with the direction to the S.H.O., P.S. Bhimtal,

District Nainital, to look into the grievance of the
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petitioner, and to ensure that no harm comes to her

from respondent No. 4 or any other person.                He is

directed to provide protection to the petitioner and make

an assessment of the threat perceived by her, and act

accordingly.


5)         The        writ   petition   stands    disposed    of

accordingly.


           Interim Relief Application (IA No. 01 of 2022)

also stands disposed of.


6)         Let a free copy of this order be immediately

handed over to Mr. J.S. Virk, the learned Deputy

Advocate General for the State of Uttarakhand, for early

compliance.


7)         Urgent copy of this order be supplied to the

learned counsel for the parties, during the course of the

day, as per Rules.



                                          ________________
                                          VIPIN SANGHI, C.J.



                                                 __________
                                                 R.C. Khulbe, J.

Dt: 29th JULY, 2022 Negi