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High CourtsDivision Bench(2022) 02 UK CK 0109

Sunil Yadav vs Senior Superintendent Of Police, Udham Singh Nagar & Others

Uttarakhand High Court · Decided on 22 February 2022

HON’BLE JUDGES
S. K. Mishra, J · N.S. Dhanik, J
RESULT
Allowed
CASE NUMBER
Writ Petition (CRL) No. 901 Of 2020
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Judgment

9 paragraphs · 342 words

S.K. Mishra, J

1.

Heard Mr. Deep Prakash Bhatt, the learned counsel for the petitioner, Mr. J.S. Virk, the learned Deputy Advocate General, and Mr. D.K. Sharma, the learned Senior Counsel appearing for the respondent Nos.3 to 6.

2.

In this writ petition, the petitioner has prayed for issuance of a writ in the nature of mandamus directing the respondent Nos.1 and 2 to provide adequate police protection to the petitioner and his family members in view of the perception of threat to their lives and liberty from respondent Nos.3 to 6.

3.

It is no disputed that the petitioner and his family members are witnesses in a Sessions Trial, as they, allegedly, were threatened by the accused persons, i.e. respondent Nos.3 to 6, they approached this Court and by virtue of an interim order, already police protection has been granted to the petitioner and his family members.

4.

At present, the learned Senior Counsel appearing for the respondent Nos.3 to 6, submits that they have filed their counter-affidavit, and they have no objection if the State Government or the Police Department provide protection to the petitioner and his family members, as per Rules.

5.

Mr. J.S. Virk, the learned Deputy Advocate General also submits that they are providing adequate police protection under the Witnesses Protection Scheme of the State of Uttarakhand, and they will continue to do so as long as threat perception persists.

6.

In that view of the matter, we allow the writ petition directing the respondent Nos.1 and 2 to provide adequate police protection to the petitioner and his family members under the Witnesses Protection Scheme of the State, and continue to do so as long as there is a threat perception to the life, liberty and property of the petitioner and his family members.

7.

Urgency certified copy of this order be issued to the parties on proper application.

8.

The Registry is directed to provide advance free copy of this order to Mr. J.S. Virk, the learned Deputy Advocate General for early compliance of this order.