Petitioner sought police protection. Court found no record of threat to life. Petitioner had filed an application under Section 156(3) Cr.P.C. which was pending. Writ petition dismissed with option to pursue said application.
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Court No. - 3
Case :- WRIT - C No. - 28962 of 2022
Petitioner :- Avdesh Kumar Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Ansar Ahmad Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Jayant Banerji,J.
Case called out. None appears for the petitioner.
Learned Standing Counsel for the State is present.
This writ petition has been filed praying for a direction to the respondent no.2 to provide police protection to the petitioner.
There is nothing on record to indicate that petitioner has any threat of life and property. From representation of the petitioner dated 27.06.2022 filed as Annexure-4 to the writ petition, it appears that petitioner has filed an application under Section 156(3) Cr.P.C., which is pending before the concerned Magistrate.
For all the reasons aforestated, we do not find any good reason to issue any direction, as prayed by the petitioner. Therefore, the writ petition is dismissed. In the event, there is any threat to the petitioner, it is open for the petitioner to pursue remedy/application under Section 156(3) Cr.P.C. and/or avail such remedy as may be available to him under law.
Order Date :- 2.2.2023 Ankit.
Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether direction for police protection should be issued in absence of proven threat to life.
Whether filed application under Section 156(3) Cr.P.C. barring further writ petition.
1 provisions across 1 enactments
Avdesh Kumar
State Of U.P.
Surya Prakash Kesarwani
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
