WPCRL/270/2023
2023 Latest Caselaw 464 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL


         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                AND
             THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA




          WRIT PETITION (CRIMINAL) NO. 270 OF 2023


                        22ND FEBRUARY, 2023

Between:


Nadeem Ali Zaidi                         ......          Petitioner


and


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


Counsel for the petitioner    :   Mr. Deep Chandra Joshi, 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


The Court made the following:


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



             Issue notice.


             Counsel appears and accepts notice on behalf

of respondent Nos. 1 to 3.
                            2




2)        In the light of the order that we propose to

pass, we do not consider it necessary to issue notice to

respondent No. 4.


3)        The petitioner has preferred this petition to

seek a direction to the respondent authorities to provide

protection to his life and liberty from respondent No. 4,

and his associates.


4)        The case of the petitioner is that he is a

member of the Wakf Board. In that capacity, he decides

the rights of the parties qua immoveable property, which

allegedly belongs to the Wakf Board, and is allegedly

encroached upon.       He, therefore, submits that his

functioning annoys people like respondent No. 4.        He

submits that respondent No. 4 has also barged into the

house of the petitioner, and in respect of the said

incident, FIR No. 789 of 2022 has been registered at

Police Station, Patel Nagar, Dehradun.      The petitioner,

therefore, seeks direction for his protection.


5)        Without going into the correctness of the

allegations made by the petitioner against respondent

No. 4, which shall be investigated and examined by the

concerned court, we dispose of this petition with a

direction to respondent Nos. 2 and 3 to make an
                            3




assessment of the threat perceived by the petitioner,

and to provide requisite protection to the life and liberty

of the petitioner from respondent No. 4, and all others.


6)        The   petition   stands    disposed   of   in   the

aforesaid terms.


7)        We make it clear that this order shall not be

cited by the petitioner for any other purposes in any

other proceeding.


8)        Urgent copy of this order be supplied to the

learned counsel for the parties, during the course of the

day, as per Rules.



                                       ________________
                                       VIPIN SANGHI, C.J.



                                    _________________
                                    ALOK KUMAR VERMA, J.

Dt: 22nd FEBRUARY, 2023 Negi