WPCRL/808/2021
2022 Latest Caselaw 678 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. 808 OF 2021

10TH MARCH, 2022

BETWEEN:

Poonam Kashyap .....Petitioner. And

State of Uttarakhand & others ....Respondents.

Counsel for the Petitioner : Mr. Pankaj Miglani, 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 the Respondent No.4 : Mr. Dinesh Gahatori, learned counsel.

Upon hearing the learned Counsel, the Court made the following

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

Mr. Pankaj Miglani, the learned counsel for the

petitioner, submits that, as yet, there is a threat perception

to the life of the petitioner from the respondent No.4.

However, Mr. Dinesh Gahatori, the learned counsel for the

respondent No.4, submits that the respondent No.4 is the

elder sister-in-law (Jethani) of the petitioner, and there is no

threat perception to the petitioner from her.

2. In that view of the matter, we dispose of the writ

petition with a direction to the Senior Superintendent of

Police, Haridwar to reassess the threat perception and take a

decision, strictly in accordance with the merits of the case.

3. 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, Haridwar

take a decision within a period of twenty-one days from the

date of production of a certified copy of this order.

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

parties on proper application.

5. 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: 10th March, 2022 NISHANT