WPCRL/1167/2021
2022 Latest Caselaw 3457 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                AND
             THE HON'BLE SRI JUSTICE RAVINDRA MAITHANI

         WRIT PETITION (CRIMINAL) NO. 1167 OF 2021

                         31st OCTOBER, 2022

Between:

Swami Kamla Devi                          ......          Petitioner

and

State of Uttarakhand & others             ......         Respondents


Counsel for the petitioner     :   Mr. Mayank Joshi, proxy counsel
                                   on behalf of Mr. Aditya Singh,
                                   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 /
                                   respondent Nos. 1 to 3

                               :   Mr. Siddhartha Singh, learned
                                   counsel for respondent Nos. 4


The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)


             No rejoinder has been filed to the counter-

affidavit filed by respondent No. 4.


2)           The petitioner has preferred the present writ

petition to seek direction to respondent Nos. 1 to 3

authorities to provide sufficient security for protection of

the life of the petitioner from respondent No. 4 and his

associates.
                                 2




3)           A perusal of the petition, and the counter-

affidavit, shows that there is a civil dispute pending

between the parties.           Counsel for respondent No. 4

submits that the petitioner has already initiated a civil suit,

which is pending. He undertakes on behalf of respondent

No. 4 not to issue any threat to the petitioner, or cause

any harm, to her.


4)           This undertaking given on behalf of respondent

No. 4 is accepted, and respondent No. 4 shall remain

bound thereby.        He is directed not to cause any threat,

coercion or harassment to the petitioner, either himself, or

through any other person. It shall be open to the parties

to     ventilate   their   grievances    before   the   civil   court

concerned. In case, the petitioner makes any complaint,

the S.H.O., Police Station, Kotwali Haridwar, shall look into

the complaint, and take appropriate action.


5)           The petition stands disposed of in the aforesaid

terms.



                                            ________________
                                            VIPIN SANGHI, C.J.



                                        __________________
                                        RAVINDRA MAITHANI, J.

Dt: 31st OCTOBER, 2022 Negi