Tilaka Devi v. State of Uttarakhand

2024:UHC:9082-DB SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar 's or der w it h Sign at u r es COURT'S OR JUDGE'S ORDERS

WPCRL No. 1325 of 2024

Hon 'ble Man oj Ku m ar Tiw ar i, A.C.J. Hon 'ble Viv ek Bh ar t i Sh ar m a, J.

Mr. Vijay Bhatt & Mr. Harshpal Sekhon, Advocates for the petitioners.

¶2Mr. J.S. Virk, Deputy Advocate General for the State of Uttarakhand.

¶3By means of this writ petition, petitioners have sought the following reliefs: -

"i. I ssue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to provide adequate security to the petitioners and also to direct the respondent no. 5 & 6 not to interfere in the life and liberty of the petitioner and her family mem bers, in any way. ii. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to provide adequate security to the petitioners and also to direct the respondent no. 5 & 6 not to interfere in the life and liberty of the petitioner and her family mem bers, in any way.

iii. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 & 3 to lodge an complaint against respondent no. 5 & 6 for illegally confining petitioner no. 2 and forcing the petitioners to leave their right on their land in favour of respondent no. 6, in any way.

iv. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to decide the representation dated 02.12.2024 (Annexure No. 4) and provide adequate protection to the petitioners."

¶4According to petitioners, they are being harassed by the officers of Police Station Rudrapur at the behest of respondent no. 6. According to them, respondent no. 6 is an influential person, having evil eye over the land belonging to petitioners, and he is exerting pressure upon petitioners not to pursue litigation regarding the

2024:UHC:9082-DB land before the High Court. It is further alleged that petitioner no. 2 was summoned to Police Station Rudrapur thrice and he was made to sit in Police Station for several hours and was also beaten up by respondent no. 5.

¶5Learned State Counsel was asked to get instructions in the matter. Mr. J.S. Virk, learned Deputy Advocate General, on instructions, submits that a complaint was made against petitioner no. 1 and her associates by one Mr. Gurmangal Singh and petitioner no. 2 was summoned to police station as associate of petitioner no. 1, in terms of Section 173(3) of Bharatiya Nagarik Suraksha Sanhita, 2023. He further submits that upon enquiry, it was found that the complaint made by Mr. Gurmangal Singh is without substance. He assures that petitioners will not be summoned to Police Station in connection with the complaint of Mr. Gurmangal Singh anymore and the Police Authorities will provide adequate protection to both the petitioners.

¶6We, accordingly, dispose of the writ petition by directing respondent nos. 3, 4 & 5 to provide adequate protection to petitioners to ensure that no harm is caused to them by respondent no. 6 or anyone acting at his behest. Respondent Nos. 3, 4 & 5 shall also see to it that no police official harasses the petitioners based on the complaint made by Mr. Gurmangal Singh.

( Viv ek Bh ar t i Sh ar m a, J.) ( Man oj Ku m ar Tiw ar i, A.C.J.)

05.12.2024 Navin

NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a 131bb4e4403d3ctia15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56 D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2024.12.05 17:10:01 +05'30'