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Jyoti Sharma vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 7 March 2022 · Citation: (2022) 03 UK CK 0026

HON’BLE JUDGES
S.K. Mishra, J · Alok Kumar Verma, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (CRL) No. 385 Of 2022
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Judgment

11 paragraphs · 364 words

S.K. Mishra, J

1.

In this Writ Petition, the petitioner has prayed for the following reliefs :-

“i. Issue a writ, order or direction in the nature of mandamus commanding the respondent nos.1, 2 & 3 to provide the adequate security to the life and liberty of the petitioner.

ii. Issue a writ, order or direction in the nature of mandamus commanding private respondents not to interfere in the personal life and liberty of the petitioner.

iii. Issue or pass any other and further order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.”

2.

The learned counsel for the petitioner submits that the petitioner has already made a representation before the Senior Superintendent of Police, District Udham Singh Nagar-respondent no. 2 for protecting her life, a copy whereof is annexed as Annexure No. 4 to this Writ Petition, but nothing has been done as yet. Having been left with no other remedy, the petitioner has filed the present Writ Petition.

3.

In that view of the matter, we hereby dispose of the Writ Petition by directing the Senior Superintendent of Police, Udham Singh Nagar-respondent no. 2 to take a decision on the representation of the petitioner (Annexure No. 4) within 21 days from today. In the interregnum, the SHO, Police Station Kashipur, District Udham Singh Nagar-respondent no. 3 shall pay a visit to the residence of the petitioner and the private respondents, and shall assess the situation and take necessary steps for protecting the life and liberty of the petitioner. The petitioner is an important witness in two criminal cases. Hence, the S.S.P., Udham Singh Nagar shall consider if he can invoke the powers and provisions under the Witness Protection Scheme of the State.

4.

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.

5.

Urgent copy of this order be supplied to the learned counsel for the parties, as per Rules, today itself.

6.

The Writ Petition is, hereby, disposed of.

7.

Interim relief application (IA No. 01 of 2022) is also disposed of accordingly.