Uttarakhand High Court
WPCRL/2208/2021 on 1 March, 2023
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. 2208 OF 2021
1ST MARCH, 2023
Between:
Vipin Nayyar ...... Petitioner
and
State of Uttarakhand & others ...... Respondents
Counsel for the petitioner : Mr. Pankaj Miglani, learned counsel
Counsel for the respondents : Mr. Rakesh Kumar Joshi, learned
Brief Holder for the State of
Uttarakhand / respondent Nos. 1
to 4
: Mr. Vikas Bahuguna, learned
counsel for respondent Nos. 5 to 9
The Court made the following:
JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)
No counter-affidavit has been filed on record.
We proceed to dispose of the present writ petition at this
stage.
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2) The petitioner has preferred this petition to
seek a direction to respondent Nos. 2 to 4, who are the
police authorities, to provide appropriate protection to
the petitioner, and his property, from threats or damage,
being caused by respondent Nos. 5 to 9.
3) The brief facts of the case set up by the
petitioner have been taken note of in the order dated
08.12.2021. The relevant extract from the said order
reads as follows:
"Mr. J.S. Virk, the learned Deputy Advocate
General accepts notice on behalf of respondent Nos. 1
to 4.
2) The petitioner has filed the present writ
petition, inter alia, on the ground that the petitioner
having worked as a Director of an export-oriented
Unit in Kota, Rajasthan; he had shifted to
Uttarakhand. He started working for social upliftment
of the people from remote rural areas, and for issues
related to environment. According to the petitioner,
respondent No. 7 is the resident of Deecon Valley,
Village Tapovan, Tehri Garhwal; he is also holding the
office of President of a Deecon Residence Welfare
Society (for short 'welfare society'). Respondent No.
8 is the Treasurer, and the respondent No. 9 is the
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Vice-President of the welfare society. The petitioner
was elected as Secretary of the welfare society on
03.10.2021. He was handed over the financial and
official charge on 24.10.2021 by the previous
Management Committee. After his assumption in
office, the petitioner found various illegalities
regarding the welfare society, which are in utter
violation of the Uttarakhand Building Construction
and Development Bye-laws / Regulations, 2011. The
petitioner also found that the money is being illegally
usurped by the office bearers of the welfare society,
besides other illegalities. According to the petitioner,
he made various complaints to the different
authorities against the welfare society. It is alleged
that the respondent Nos. 7 to 9 tried to make a sub-
committee with few outsiders for the purpose of
accounting and office operations, which was objected
by the petitioner and by other office bearers. It is
also alleged that on 08.11.2021, the private
respondents called the petitioner in the office of the
welfare society, and threatened him to succumb to
their illegal designs or usurpation of money pertaining
to the said society, or to suffer with dire
consequences. The petitioner refused to follow their
illegal instructions. Consequently, the entire official
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charge was taken away from the petitioner forcibly.
The charge was given to the husband of the
respondent No. 8. According to the petitioner,
despite complaint being made to the Senior
Superintendent of Police, District Tehri Garhwal on
10.11.2021, and to Senior Superintendent of Police,
District Dehradun on 02.12.2021, no action has been
taken against the respondent Nos. 5 to 9 as yet.
According to the petitioner, scared of any untoward
incident, he resigned from his office of Secretary of
the welfare society on 04.12.2021. The petitioner
has every apprehension that the private respondents,
who are very high-handed persons and have political
and criminal contacts, may go to any extent in order
to interfere in the peaceful life of the petitioner, and
peaceful enjoyment of his property. As such, he is
living under constant threat. Hence, the present writ
petition before this Court.
3) The learned counsel for the petitioner has
reiterated the abovementioned facts. According to
the learned counsel for the petitioner, despite several
complaints made to the police authorities, the
petitioner is continuously being threatened by the
private respondents. Therefore, he submits that this
Court should order the respondent Nos. 2, the Senior
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Superintendent of Police, District Dehradun, the
respondent No. 3 the Senior Superintendent of Police,
District Tehri Garwhal, as well as the respondent No.
4, the Station House Officer, P.S. Rishikesh, District
Dehradun to immediately provide police protection to
the petitioner."
4) The Court went on to direct the respondent
Nos. 2 to 3 to provide police protection to the petitioner
for his life and property. The said interim order has
continued to operate in the meantime.
5) It goes without saying that every person is
entitled to live his life in a protected environment
without any fear or harm being caused by any other
party, either to him, or to his property.
6) We, therefore, dispose of this petition with a
direction to respondent Nos. 2 to 4 - authorities, to
make an assessment of the threat perceived by the
petitioner, and to provide adequate protection to the
petitioner and his property from all quarters, including
from respondent Nos. 5 to 9. The respondent No. 4 shall
counsel respondent Nos. 5 to 9 not to take the law into
their own hands qua the petitioner.
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7) The petition stands disposed of in the
aforesaid terms.
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: 1st MARCH, 2023
Negi
