Nanak Chand Seth vs State Of Jharkhand And Others

Sanjay Kumar Dwivedi, J

Heard Mr. Devesh Ajmani, learned counsel for the petitioner and Mr. Kaushik Sarkhel, learned counsel for the respondent-State.

This criminal writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation

arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter

has been heard.

The petitioner has filed this criminal writ petition for commanding upon the concerned respondents to provide adequate and effective police protection

to the petitioner. The alternative prayer is also made that the representation of the petitioner is pending before respondent no.3, which has not been

decided.

Mr. Devesh Ajmani, learned counsel for the petitioner submits that the petitioner and his wife are prime witnesses in Mango P.S. Case No.13 of 2018,

which was registered for the offence under Sections 376(2)(i)/376(D) of the Indian Penal Code and under Section 4 of POCSO Act, which was

committed in the house of the petitioner and other places. He further submits that the petitioner had got threatening from miscreants to withdraw the

said case and that is why the State police authority has provided adequate security to the petitioner, which was withdrawn during the period of

COVID-19 pandemic. He also submits that the representation of the petitioner is pending. He further submits that the life of the petitioner is under

threat and in view of Article 21 of the Constitution of India, the petitioner is entitled for protection.

Mr. Kaushik Sarkhel, learned counsel for the respondent-State submits that the petitioner may file a fresh representation before the Senior

Superintendent of Police, Jamshedpur, who will look into the matter and pass appropriate reasoned order.

In view of the above facts and considering that the petitioner was earlier provided protection by the State police authority, this criminal writ petition is

being disposed of with direction to the petitioner to file a fresh representation before the Senior Superintendent of Police, Jamshedpur within a period

of one week. If such representation is filed within the aforesaid period, the Senior Superintendent of Police, Jamshedpur shall assess the situation and

take a decision on wisdom, within a period of two weeks from the date of receipt of such representation, considering that the petitioner was earlier

provided protection and his life is under threat, who is witness in Mango P.S. Case No.13 of 2018.

With the above observations and directions, this criminal writ petition stands disposed of.