Disposed

Pradeep Kumar v. State of Uttarakhand

Uttarakhand HC10 Mar 2022WPCRL/403/2022

Case brief

AI extract

What is this about?

In this writ petition under Article 226, the petitioners sought protection of life and liberty. The High Court directed the Senior Superintendent of Police and SHO to act upon a representation and assess the security situation within 30 days.

What did the court decide?

The Senior Superintendent of Police directed to decide on the petitioners' representation within 30 days; SHO directed to visit and assess security situation immediately.

Pradeep Kumar Vs State of Uttarakha… — Constitutional and Fundamental Rights | Uttarakhand HC (2022)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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SRI JUSTICE S.K. MISHRA, A.C.J. AND SRI JUSTICE R.C. KHULBE, J.

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1 0^TH MARCH, 2022

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WRIT PETITION (CRL) No. 403 OF 2022

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Between:

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Pradeep Kumar and another.

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…Petitioners

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and

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State of Uttarakhand and others.

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…Respondents

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Counsel for the petitioners. : Mr. Vaibhav Singh Chauhan, the learned counsel. Counsel for the respondent nos. 1 : Mr. J.S. Virk, the learned Deputy to 3. Advocate General assisted by Mr. Rakesh Joshi, the learned Brief Holder for the State of Uttarakhand.

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Upon hearing the learned Counsel, the Court made the following

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JUDGMENT : ( per Sri S.K. Mishra, A.C.J.)

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In this Writ Petition, the petitioners have

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prayed for the following reliefs :-

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“i. issue a writ, order or direction in the nature of mandamus commanding the respondent nos.1 & 3 to provide the adequate security to the life and liberty of the petitioners.

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ii. issue a writ, order or direction in the nature of mandamus commanding respondents not to interfere in the personal life and liberty of the petitioners.

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iii. issue or pass any other and further order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.

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iv. Award the cost of the writ petition in favour of the petitioners.”

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The learned counsel for the petitioners submits that the petitioners have already made a representation on 16.02.2022 before the Senior Superintendent of Police, District Haridwar-respondent no. 2 for protecting their lives, a copy whereof is annexed as Annexure no. 6 to this Writ Petition, but nothing has been done as yet. Having been left with no other remedy, the petitioners have filed the present Writ Petition.

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In that view of the matter, we hereby dispose of the Writ Petition by directing the Senior Superintendent of Police, Haridwar-respondent no. 2 to take a decision on the representation of the petitioners (Annexure No. 6) within 30 days from today. In the interregnum, the SHO, Police Station Laksar, District Haridwar-respondent no. 3 shall pay a visit to the residence of the petitioners and the private respondents, and shall assess the situation and take necessary steps for protecting the lives and liberty of the petitioners.

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Let a free copy of this order be immediately handed over to Mr. J.S. Virk, the learned Deputy Advocate General for the State of Uttarakhand, for early compliance.

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Urgent copy of this order be supplied to the learned counsel for the parties, as per Rules.

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The Writ Petition is, hereby, disposed of.

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Interim relief application (IA No. 01 of 2022)

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is also disposed of accordingly.

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________________ S.K. MISHRA, A.C.J.

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_____________ R.C. KHULBE, J.

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Dt: 10^th March, 2022 Rahul

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Pradeep Kumar v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Pradeep Kumar v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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