Nankram vs State of U.P. and 7 Others

The petitioner apprehends danger to his life from respondent nos. 4 to 8. He sought protection of his life by approaching the Senior Superintendent of Police, Budaun and when it was dealt with indifferently there, he has moved this Court praying that a mandamus be issued to the Police not only to take action against respondent nos. 4 to 8, but for the protection of his life against the said respondents. There is also a prayer for the registration of an FIR, which we think could have been made elsewhere. It was our concern that if the petitioner indeed has a threat perception, he should be provided security enough at least for the period of time that the threat lasts. Therefore, on 06.04.2026, we passed the following the order:

¶11

"The Senior Superintendent of Police, Badaun, will
file his own affidavit indicating what steps he has
taken to examine the petitioner's threat perception
and his case for provision of security besides other
grievances. The said affidavit shall be filed within
a week.

¶12

Lay as fresh on 17.04.2026.

¶13

Let this order be communicated to the Senior
Superintendent of Police, Badaun and the Station
House Officer, P.S. Bilsi, District - Badaun, through
the learned Chief Judicial Magistrate, Badaun by the
Registrar (Compliance) within 48 hours."

¶14

In response, Ankita Sharma, Senior Superintendent of Police, Budaun, has filed her personal affidavit, which is rather elusive. After describing the origin of the conflict between parties, which we are sure, was entrusted to the wisdom of some 'Daroga' to fathom and understand, it is

¶15

CRLP No. 4835 of 2026

¶16

2

¶17

averred in paragraph nos. 8 to 18 of the personal affidavit:

¶18

"8. That it is humbly submitted that the inquiry
revealed that both parties belong to the same
extended family and longstanding dispute exist
between them regarding division of agricultural land,
distribution of the front portion of a field and the
relative value of plots situated near the village
pond.

¶19

9. That it is humbly submitted that in view of the
recurring disputes and likelihood of breach of peace,
preventive action under Sections 170/126/135 BNSS was
taken by the then Investigating Officer against both
parties.

¶20

10. That it is humbly submitted that on the written
complaint of the petitioner dated 09.04.2026, Case
Crime No.141/2026 under Sections 115(2)/ 351(3) BNS
was registered against opposite parties Nanne,
Sanjeev, Situ @ Satyaveer and Vikas. After
investigation, Charge-sheet No.118/2026 dated
14.04.2026 has been submitted before the learned
Court in due accordance with law. Copy of Charge-
sheet No.118/2026 dated 14.04.2026 is being filed
herewith and annexed as Annexure No.3 to this
affidavit.

¶21

11. That it is humbly submitted that for maintaining
peace and ensuring the petitioner's safety,
instructions were issued to beat constables and
patrolling staff to conduct regular patrolling in
village Kesar Pur and to promptly report any
sensitive information to senior officers. Necessary
directions were also issued to PRV-112.

¶22

12. That it is humbly submitted that on 13.11.2025, a
minor altercation occurred between the petitioner's
son Rinku and opposite party Nanne regarding land
dispute. Upon inquiry by the Sub-Inspector, only
verbal exchange and mild aggression were found, and
preventive action under Section 170/126/135 BNSS was
taken against both sides.

¶23

13. That it is humbly submitted that on the same
date, the petitioner appeared at P.S. Bilsi claiming
injuries. His medical examination was arranged
through PRD personnel and the relevant entries were
made in the General Diary. However, after medical
examination, the petitioner left the CHC premises and
did not submit any written complaint for registration

¶24

CRLP No. 4835 of 2026

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3

¶26

of FIR.

¶27

14. That it is humbly submitted that when the
petitioner did not lodge any complaint after medical
examination, the beat in-charge and Sub-Inspector
visited his residence and requested him to provide a
written complaint. The petitioner declined and stated
that he would file the case through the Hon'ble
Court.

¶28

15. That it is humbly submitted that the record shows
that three criminal cases have been registered
between the parties on different dates, out of which
two were lodged by the petitioner himself. One of
these cases (Case Crime No.20/2025) has already been
found false and final report has been submitted.

¶29

16. That it is humbly submitted that the overall
inquiry indicates that the dispute between the
parties primarily arise from land partition issues
and family enmity. The petitioner is in possession of
the front portion of the agricultural field adjoining
the chakroad, which is of higher value, and this is a
major cause of tension between the parties.

¶30

17. That it is humbly submitted that at present, the
situated in the village is peaceful. The SHO, Bilsi,
has been directed to maintain vigilant supervision in
the area and to take strict preventive action against
any party found indulging in aggressive or unlawful
conduct.

¶31

18. That it is humbly submitted that the present
affidavit is being filed to place on record the
factual position, the steps taken by the police
administration, and the measures adopted to address
the petitioner's security concerns in compliance with
the order of the Hon'ble Court."

¶32

The happening of an offence is one thing, the maintenance of peace another, but the threat perception alleged by the petitioner to his life is quite different. We find that there is an indifferent stand by the Senior Superintendent of Police as far as the threat perception placed by the petitioner is concerned. If tomorrow the petitioner were shot or assaulted in some other manner by respondent nos. 4 to 8, the initiation of security proceedings under Section 170/126/135 B.N.S.S. will not bring him back to life.

¶33

It is prime concern of the State to save human life and not just to bring

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CRLP No. 4835 of 2026

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¶36

murders to justice. As it is said, 'Prevention is better than cure'; the cure here being nothing but a retributive prosecution against the potential murderer or assailants. We think that the response of the Senior Superintendent of Police, Budaun is far below standard than what was expected.

¶37

The sensitivity to protect human life, by the law and order agencies has always been low and continues to be so. Punishing the offenders is completely different, as already remarked, and that, by itself, does not save a human life. It does only in theory by deterring future crimes, which, experience dictates, hardly deters.

¶38

What we require the Senior Superintendent of Police is to report what security measures she has in mind to take to save the petitioner from some unfortunate happening, which does not have a calendar or schedule. If she has anything in mind by way of steps to secure the petitioner's life, it would be appreciable and spare us then the unpleasant task of issuing orders for the provision of security etc., ourselves.

¶39

Let a further personal affidavit be filed by the Senior Superintendent of Police, Budaun on or before 13.05.2026 .

¶40

Lay this matter as fresh again on 13.05.2026 .

¶41

To be taken up at 10:00 a.m.

¶42

Let this order be communicated to the Senior Superintendent of Police, Budaun through the learned Chief Judicial Magistrate, Budaun by the Registrar (Compliance) today .

¶43

(Tarun Saxena,J.) (J.J. Munir,J.)

¶44

May 4, 2026 AS/Deepak

¶45

Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad

Nankram v. State of U.P. and 7 Others

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Nankram v. State of U.P. and 7 Others

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