WPCRL/1541/2022
2022 Latest Caselaw 3461 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. 1541 OF 2022

                         31st OCTOBER, 2022

Between:

Vinod Kumar                               ......          Petitioner

and

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


Counsel for the petitioner     :   Mr. Kishore Rai and Mr.     Mani
                                   Kumar, learned counsels

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, 2 and 5

                               : Mr. M.K. Chand, learned counsel for
                                  respondent Nos. 3 and 4


The Court made the following:

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


             Counsel for respondent Nos. 3 and 4, the son

and daughter-in-law of the petitioner, appears and

states that the dispute between the parties is a civil

dispute.


2)           According to the said respondents, the present

writ petition has been preferred at the behest of the

elder son of the petitioner.              Learned counsel for
                               2




respondent Nos. 3 and 4 further undertakes on behalf of

respondent Nos. 3 and 4 that they shall neither issue

any threat or coercion to the petitioner, nor cause any

harm to him, physical or otherwise.


3)        The said undertaking given on behalf of

respondent Nos. 3 and 4 is accepted by the Court, and

they shall remain bound by the same.


4)        We direct them not to cause any harm to the

petitioner, or issue any threats or coercion to him.         It

shall be open to the parties to ventilate their grievances

in civil courts.    Any complaint made by the petitioner

with regard to any threat or coercion issued to the

petitioner by respondent Nos. 3 and 4 shall be examined

by the S.H.O. concerned, and appropriate action shall be

taken thereon.


5)        The      petition   stands   disposed   of   in   the

aforesaid terms.



                                         ________________
                                         VIPIN SANGHI, C.J.



                                   __________________
                                   RAVINDRA MAITHANI, J.

Dt: 31st OCTOBER, 2022 Negi