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2022 DAILYLAW 535 (UTT)

POOJA TALWAR v. STATE OF UTTARAKHAND

WPCRL/1415/2022 · 2026-06-05

Alok Mahra

body2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPCRL No. 1415 of 2022 Hon’ble Alok Mahra, J. Mr. Gagan Oberoi (through V.C.), learned counsel for the petitioner. 2. Mr. S.S. Chauhan, learned D.A.G. alongwith Mr. Vikas Uniyal, learned Brief Holder for the State. 3. Mr. Ashutosh Thakral, learned counsel for respondent no. 9. 4. Mr. Bhuwan Bhatt, learned counsel for respondent no. 10. 5. Mr. Nandan Arya, learned counsel for respondent no. 12. 6. A Recall Application (MCRC No. 5 of 2026) has been filed by the petitioner for recalling the order dated 05.06.2026 passed by this Court. 7. The main ground for recalling the order dated 05.06.2026 is that the writ petitioner moved an application as she was harassed by the private respondents. It is further informed by learned counsel for the petitioner that the petitioner was threatened that if they did not enter into compromise with private respondents, then, they would be beaten up severely. It is also submitted by learned counsel for the petitioner that immediately the petitioner had given their complaint to the S.S.P, Dehradun, but, the learned State Counsel concealed this fact that there was any complaint of the petitioner, which is pending. 8. Mr. S.S. Chauhan, learned D.A.G. would submit that pursuant to the order passed by the Coordinate Bench of this Court vide order dated 30.04.2026, S.S.P., Dehradun was directed to assess the threat perception, if any, to the petitioner and in the event if genuine threat would be found, S.S.P. was directed to take appropriate steps in accordance with law. Mr. S.S. Chauhan, learned D.A.G. would further submit that pursuant to the order passed by this Court, no complaint or information was received by the concerned authority regarding any threat perception to the petitioner. It is also reiterated that no material have been found substantiating apprehension of the threat to the petitioner. It is further informed that on earlier occasion, this Court had granted liberty to the petitioner that in future if the petitioner faces any threat or any circumstance giving rise to a genuine apprehension to her life or liberty, she shall be at liberty to approach the concerned authority, which shall consider and act upon such representation strictly, in accordance with law. 9. Mr. S.S. Chauhan, learned D.A.G. has also handed over to the Court the communication sent by the department to the Joint Director, Prosecution, in which, it is averred that prima facie there is a property dispute between the petitioner and respondent nos. 8 and 10 and both parties have been challaned under Section 120/0135 of BNSS. The instructions are taken on record. 10. Learned counsel for the petitioner has submitted she has already sent an email to the concerned authority on 22.04.2026 regarding threat perception from the private respondents. 11. Be that as it may, the Coordinate Bench of this Court have directed the State to assess the actual threat perception, if any, and as per the report submitted by the learned State Counsel, it appears that there is no actual threat perception to the life and liberty of the petitioner. 12. Heard learned counsel for the parties and perused the record. 13. Having considered the grounds taken in the recall application, this Court does not find any good reason to recall the order dated 05.06.2026 passed by this Court. Accordingly, the recall application is liable to be dismissed and is hereby dismissed. (Alok Mahra J.) 16.06.2026 Ujjwal