Uttarakhand High Court
WPCRL/1042/2022 on 27 May, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
SRI JUSTICE S.K. MISHRA, A.C.J.
AND
SRI JUSTICE R.C. KHULBE, J.
27TH MAY, 2022
WRIT PETITION (CRL) No. 1042 OF 2022
Between:
Amit Kumar and others.
...Petitioners
and
State of Uttarakhand and others.
...Respondents
Counsel for the petitioners. : Mr. Bharat Singh, 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) A writ order or direction in the nature of in
the nature of mandamus commanding the State
respondent no. 1, 2 and 3 to protect the life and
liberty of the petitioners from the respondent no.4 to
10 and their associates by providing police protection
to the petitioners and initiating appropriate action
against the private respondents.
(ii) any other suitable writ, order or direction
which this Hon'ble Court of may deem fit and proper
under the circumstances of the case.
(iii) Award the cost of petition to the petition."
2. The learned counsel for the petitioners
submits that the petitioners have already made a
representation on 20.11.2021 before the Senior
Superintendent of Police, District Haridwar-respondent
no. 2 for protecting their lives, but nothing has been
done as yet. In the meantime, an F.I.R. has already
been lodged on 04.05.2022 against some of the private
respondents. 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, District Haridwar-respondent
no. 2 to take a decision on the representation of the
petitioners within 21 days from today. The Senior
Superintendent of Police, District Haridwar shall take
information and intelligence from the concerned SHO
during the course of action whether further police
protection is required or not. In the interregnum, the
SHO, Police Station Kotwali Roorkee, District Haridwar-
respondent no. 3 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: 27th May, 2022
Rahul
