WPCRL/1491/2021
2022 Latest Caselaw 898 UK

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



                                      AND



                        SRI JUSTICE R.C. KHULBE, J.

WRIT PETITION (CRL) NO. 1491 OF 2021

24TH MARCH, 2022 Between:

Hemant Shekhar ..Petitioner.

and

State of Uttarakhand and others. ...Respondents

Counsel for the petitioners: Mr. B.M. Pingal, 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.

Upon hearing the learned counsel, the Court made the following:

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

An interim order had been granted in this case

on 10.09.2021, whereby the Senior Superintendent of

Police, District Nainital had been directed to

immediately provide police protection to the petitioner.

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

petitioner, submits that the petitioner is the son of the

injured eye-witness of a criminal case involving offense

under Section 307 of the Indian Penal Code, wherein

respondent No. 3 is the accused; there is always threat

to the lives and liberty of the petitioner and his father.

3. In that view of the matter, we dispoe of the

writ application by directing the Senior Superintendent

of Police, Nainital to examine the case and take

appropriate steps for protection of the lives and liberty

of the petitioner and his father under the Witness

Protection Scheme of the State of Uttarahand. Till a

decision is taken, the police will continue to provide

adequate protection to the petitioner and his father.

6. Pending application, if any, also stands

disposed of accordingly.

7. 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.

8. Urgent copy of the order to be supplied to

the parties on a proper application, as per rules.

____________

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

____________ R.C. KHULBE, J.

Dt: 24.03.2022 Rathour