Sunita And Another. ... vs State Of Uttarakhand And Others
2022 Latest Caselaw 935 UK

    IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL

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

25thMARCH, 2022

WRIT PETITION (CRL) No. 521 OF 2022

Between:

Sunita and another. ...Petitioners

Vs.

State of Uttarakhand and others.                          ...Respondents


Counsel for the petitioners.        :   Mr. Prem Kaushal and Mr. Mahesh
                                        Chandra,        the       learned
                                        counsel.

Counsel for the respondent nos. 1 : Mr. J.S. Virk, the learned Deputy & 2. 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) To issue a writ order or direction in the nature of mandamus directing the respondent no. 1 & 2 to provide adequate protection to the petitioners from respondent nos.3 and 4, so that they may live peaceful life.

ii) Issue a s u i t a b l e writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

2. The learned counsel for the petitioners

submits that the petitioners have already made a

joint representation on 24.03.2022 before the Senior

Superintendent of Police, District Nainital-respondent no.

1 and S.H.O. Police Station Betalghat, District Nainital-

respondent no.2 for protecting their lives, 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, Nainital-respondent no. 1 to

take a decision on the representation of the petitioners

dated 24.03.2022 within 21 days from today. In the

interregnum, the SHO, Police Station Betalghat, District

Nainital-respondent no. 2 shall provide necessary police

protection 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

onward communication and early compliance.

5. Urgent copy of this order be supplied to the

learned counsel for the parties, as per Rules, during the

course of the day.

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: 25th March, 2022 BS/SS