WPCRL/115/2023
2023 Latest Caselaw 260 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                      HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                WRIT PETITION (CRL) NO. 115 OF 2023
                            13TH JANUARY, 2023
BETWEEN:
Uma Thakur                                                     .....Petitioner.
And

State of Uttarakhand & others                                  ....Respondents.

Counsel for the Petitioner : Mr. Rajendra Arya, proxy counsel for Mr. Pankaj Kumar, learned counsel.

Counsel for the State : Mr. R.K. Joshi, learned Brief Holder.

The Court made the following:

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

Issue notice. Learned Brief Holder appears and

accepts notice on behalf of State- respondent nos.1 to 3.

2. The petitioner has preferred the present writ

petition to seek a direction to respondent nos.1 to 3 to

provide her protection from respondent nos.4 to 7 on the

ground that the said respondents have been threatening the

petitioner. The petitioner states that respondent nos.4 to 6

are her neighbours. The petitioner is having a dispute with

her sister-in-law, in respect whereof, she has preferred

proceeding under the Protection of Women from Domestic

Violence Act, which is still pending.

3. According to the petitioner, respondent nos.4 to 7,

at the behest of petitioner's sister-in-law, are threatening the

petitioner and her nephew.

4. Without going into the correctness of the

allegations made in the present writ petition, particularly,

with regard to the allegations against the petitioner's sister-

in-law, and in view of the fact that it is the obligation of the

State to maintain law and order, and to protect the lives and

liberty of all the citizens, we dispose of this writ petition with

a direction to respondent nos.1 to 3 to make an assessment

of the threat perceived by the petitioner and her nephew from

respondent nos.4 to 7, and to take steps to ensure protection

of their lives. The Station House Officer, P.S. Mallital, Nainital

shall call respondent nos.4 to 7 to the police station and

counsel them not to take law into their own hands.

5. The writ petition is disposed of in the aforesaid

terms.

6. Pending application, if any, also stands disposed of.

7. Let a certified copy of this order be issued to

learned counsels for the parties, today itself, as per Rules.

(VIPIN SANGHI, C.J.)

(ALOK KUMAR VERMA, J.) Dated: 13th January, 2023 NISHANT