WPCRL/457/2021
2022 Latest Caselaw 551 UK

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

                                        AND

                             SRI JUSTICE R.C. KHULBE, J.

WRIT PETITION (CRL) NO. 457 OF 2021

05th MARCH, 2022

BETWEEN:

Leetawati                                                    .....Petitioner.
And

State of Uttarakhand & others                                ....Respondents.

Counsel for the Petitioner               :      Mr. B.M. Pingal, learned counsel.

Counsel for the Respondent Nos.1 to 3 :         Mr. J.S. Virk, learned Deputy
                                                Advocate General with Mr. R.K.

Joshi, learned Brief Holder for the State.

Counsel for Respondent Nos.4 to 7 : Mr. Mukesh Kaparuwan, learned counsel holding brief of Mr. V.K.

Kaparuwan, learned counsel.

Upon hearing the learned Counsel, the Court made the following

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

Heard Mr. B.M. Pingal, the learned counsel for the

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

appearing for the State, and Mr. Mukesh Kaparuwan, the

learned counsel holding brief of Mr. V.K. Kaparuwan, the

learned counsel for the respondent Nos.4 to 7.

2. This present writ petition is arising out of land

dispute between the parties.

3. Hence, we dispose of the writ petition with a

direction to the Senior Superintendent of Police, Udham Singh

Nagar to reassess the threat perception and take a decision,

strictly in accordance with the merits of the case. If there is

any threat perception, the Senior Superintendent of Police,

Udham Singh Nagar shall give the police protection to the

petitioner, or he shall initiate appropriate criminal

proceedings, either under Sections 107, 144, or under

Section 145 of the Cr.P.C.

4. It is also directed that disposal of this writ petition

should not be given any negative weightage while taking a

decision. Let the Senior Superintendent of Police, Udham

Singh Nagar take a decision within a period of twenty-one

days from the date of production of a certified copy of this

order.

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

parties on proper application.

6. 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.)

(R.C. KHULBE, J.) Dated: 05TH March, 2022 NISHANT