The writ petition, being a second petition on the same subject after a Division Bench previously declined the specific relief, was dismissed as not pressed, without a finding on the merits of the plea for higher police protection.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 40
Case :- WRIT - C No. - 34867 of 2022 Petitioner :- Smt. Shakuntala Devi Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Shahnawaz Akhtar Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vivek Kumar Singh,J.
Present writ petition is preferred with request to issue direction commanding the respondent authorities to provide higher level police protection/gunner security to the petitioner and her family members for protecting their life and liberty on payment of usual cost from now till the conclusion of elections of Chairman of Nagar Panchayat and also direct the respondent no.4 to forward the paper for providing the gunner security to the petitioner to District Level Committee as expeditiously as possible within the time frame fixed by this Hon'ble Court.
Learned Standing Counsel has raised an objection that earlier the petitioner had filed a Writ C No.30285 of 2022 (Smt. Shakuntala Devi vs. State of UP and 5 others). A Division Bench of this Court has already declined to issue a specific protection order and disposed of the writ petition on 20.10.2022 leaving it open to the petitioner to represent her cause before the District Authorities, if she is so advised. It is submitted that in case the grievance of the petitioner in the light of the aforesaid order has not been redressed, the remedy is to file a contempt petition but instead of filing the contempt petition, the present writ petition is preferred, which is the second writ petition and the same is liable to be dismissed.
Confronted with this situation, learned counsel for the petitioner states that the writ petition may be dismissed as not pressed.
Accordingly the writ petition is dismissed as not pressed.
Order Date :- 7.2.2023 RKP
Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad
Smt. Shakuntala Devi
State Of U P
Mahesh Chandra Tripathi
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
