WPCRL/356/2023
2023 Latest Caselaw 572 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. 356 OF 2023


                             2ND MARCH, 2023

Between:


Manendra Singh                              ......        Petitioner


and


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


Counsel for the petitioner       :   Mr. Harshpal   Sekhon,   learned
                                     counsel

Counsel for the respondents      :   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)


             The petitioner has preferred the present writ

petition to seek a direction to respondent Nos. 2 and 3,

i.e., Senior Superintendent of Police, Udham Singh

Nagar, and the Station House Officer, Police Station

Jaspur, District Udham Singh Nagar, to provide him

adequate security.
                             2




2)        The petitioner states that he has preferred a

Public Interest Litigation before this Court, being PIL No.

174 of 2022, in relation to encroachment of public land

committed by respondent Nos. 4 to 7. As a consequence

of the said petition being filed by the petitioner, it is

alleged, that respondent Nos. 4 to 7 are threatening him

with dire consequences.


3)        We may observe that the petitioner has also

stated in paragraph 9, that at the instance of respondent

No. 4, the petitioner's wife Simarjeet Kaur has been

served a notice by the Income-tax department.                We

make it clear that we are not concerned with the said

proceedings, and this is not the forum for the petitioner

to either raise the said issue, or ask us to deal with it.


4)        Every citizen is entitled to live without fear or

any harm being caused to him by any person.


5)        We, therefore, dispose of this petition with a

direction to respondent Nos. 2 and 3 to make an

assessment of the threat perceived by the petitioner

from respondent Nos. 4 to 7, and to take adequate steps

for providing security and safety to the petitioner. The

S.H.O., Police Station, Jaspur, District Udham Singh
                            3




Nagar shall counsel respondent Nos. 4 to 7 not to take

the law into their own hands.


6)        The   petition   stands    disposed   of   in   the

aforesaid terms.


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

used by the petitioner for any other purpose in any other

proceedings.


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: 2nd MARCH, 2023 Negi