WPCRL/426/2022
2022 Latest Caselaw 744 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. 426 OF 2022

14TH MARCH, 2022

BETWEEN:

Sadhvi Tripta Sarawati @Tripta & another .....Petitioners. And

State of Uttarakhand & others ....Respondents.

Counsel for the Petitioners : Mr. Sachin, learned counsel.

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

Upon hearing the learned Counsel, the Court made the following

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

Heard Mr. Sachin, learned counsel for the

petitioners, and Mr. J.S. Virk, the learned Deputy Advocate

General for the State.

2. In this case, the petitioners have prayed for

granting of the police protection from the respondent Nos. 5

and 6, as there is some dispute between them. However, it is

further clear from the record that there are civil cases

pending between the parties, and mutation proceedings are

pending before the Sub Divisional Magistrate.

3. In that view of the matter, we are not inclined to

pass a writ of mandamus. However, it is submitted that the

petitioners have been threatened over phone, and they can

produce the audio clip of the same.

4. This Court is inclined to dispose of the writ petition

giving liberty to the petitioners to bring all the facts to the

notice of Senior Superintendent of Police, District Haridwar,

within a period of three days. On such an event, the Senior

Superintendent of Police, District Hardiwar, the respondent

No. 3, shall take appropriate instructions and feedback from

the Station House Officer, P.S. Kotwali Haridwar, District

Haridwar, and take a decision in the matter. If actually, a

threat to the lives of the petitioners is found, then appropriate

orders shall be passed by the Senior Superintendent of Police,

Haridwar, for protection of the petitioners. If the information

given by the petitioners reveals a prima facie case, First

Information Report should be registered.

5. With the above directions, the writ petition stands

disposed of.

6. Urgent certified copy of this order be issued to the

parties on proper application.

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

(R.C. KHULBE, J.) Dated: 14TH March, 2022 NISHANT