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Dharma Bisht vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 29 July 2022 · Citation: (2022) 07 UK CK 0152

HON’BLE JUDGES
Vipin Sanghi, CJ · Ramesh Chandra Khulbe, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 323, 354, 404, 452, 506
RESULT
Disposed Of
CASE NUMBER
Writ Petition (Criminal) No. 1470 Of 2022
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Judgment

10 paragraphs · 364 words

Vipin Sanghi, CJ

1)  Issue notice.

Mr. J.S. Virk, learned Deputy Advocate General for the State, accepts notice on behalf of respondent Nos. 1 to 3.

2) The petitioner has preferred this writ petition to seek the direction to respondent police to provide her adequate police protection as she is apprehending serious harm to her life and liberty at the hands of respondent No. 4.

3) The case of the petitioner is that respondent No. 4 is eyeing her property admeasuring about five Nali at Nishola Bypass, Bhimtal, District Nainital. About one Nali of the said land has already been encroached upon by respondent No. 4 and his family members. In respect of the earlier incident relating to violence, on the complaint of the petitioner, FIR No. 08 of 2019 was registered on 26.02.2019, under Section 323, 354, 452, 404 and 506 of IPC against respondent No. 4. At that stage, respondent No. 4 had tendered his apology, and accordingly the matter was compromised. However, once again, the respondent No. 4 has become active and he has come to the house of the petitioner with a ‘Darati’ to threaten the petitioner and her family members. Her grievance is that she had made a representation to the S.H.O., P.S. Bhimtal, on 18.07.2022, but to no avail.

4) Without going into the correctness of the allegations made in the writ petition, we dispose of this petition with the direction to the S.H.O., P.S. Bhimtal, District Nainital, to look into the grievance of the petitioner, and to ensure that no harm comes to her from respondent No. 4 or any other person. He is directed to provide protection to the petitioner and make an assessment of the threat perceived by her, and act accordingly.

5) The writ petition stands disposed of accordingly.

Interim Relief Application (IA No. 01 of 2022) also stands disposed of.

6) Let a free copy of this order be immediately handed over to Mr. J.S. Virk, the learned Deputy Advocate General for the State of Uttarakhand, for early compliance.

7) Urgent copy of this order be supplied to the learned counsel for the parties, during the course of the day, as per Rules.