WPCRL/403/2022
2022 Latest Caselaw 676 UK

    IN THE HIGH COURT OF UTTARAKHAND
               AT NAINITAL

                     SRI JUSTICE S.K. MISHRA, A.C.J.
                                 AND
                      SRI JUSTICE R.C. KHULBE, J.

10TH MARCH, 2022

WRIT PETITION (CRL) No. 403 OF 2022

Between:

Pradeep Kumar and another.

...Petitioners and

State of Uttarakhand and others.

...Respondents

Counsel for the petitioners. : Mr. Vaibhav Singh Chauhan, the learned counsel.

Counsel for the respondent nos. 1 : Mr. J.S. Virk, the learned Deputy to 3. Advocate General assisted by Mr. Rakesh Joshi, the learned Brief Holder for the State of Uttarakhand.

Upon hearing the learned Counsel, the Court made the following

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

In this Writ Petition, the petitioners have

prayed for the following reliefs :-

"i. issue a writ, order or direction in the nature of mandamus commanding the respondent nos.1 & 3 to provide the adequate security to the life and liberty of the petitioners.

ii. issue a writ, order or direction in the nature of mandamus commanding respondents not to interfere in the personal life and liberty of the petitioners.

iii. issue or pass any other and further order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

iv. Award the cost of the writ petition in favour of the petitioners."

2. The learned counsel for the petitioners

submits that the petitioners have already made a

representation on 16.02.2022 before the Senior

Superintendent of Police, District Haridwar-respondent

no. 2 for protecting their lives, a copy whereof is

annexed as Annexure no. 6 to this Writ Petition, but

nothing has been done as yet. Having been left with no

other remedy, the petitioners have filed the present Writ

Petition.

3. In that view of the matter, we hereby dispose

of the Writ Petition by directing the Senior

Superintendent of Police, Haridwar-respondent no. 2 to

take a decision on the representation of the petitioners

(Annexure No. 6) within 30 days from today. In the

interregnum, the SHO, Police Station Laksar, District

Haridwar-respondent no. 3 shall pay a visit to the

residence of the petitioners and the private respondents,

and shall assess the situation and take necessary steps

for protecting the lives and liberty of the petitioners.

4. 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.

5. Urgent copy of this order be supplied to the

learned counsel for the parties, as per Rules.

6. The Writ Petition is, hereby, disposed of.

7. Interim relief application (IA No. 01 of 2022)

is also disposed of accordingly.

________________ S.K. MISHRA, A.C.J.

_____________ R.C. KHULBE, J.

Dt: 10th March, 2022 Rahul