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2025 DAILYLAW 102231 (ALL)

UTKARSH GOEL v. STATE OF U.P. AND 2 OTHERS

WRIC/33014/2024 · 2025-02-23

Anjani Kumar Mishra, Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:26055-DB Court No. - 3 Case :- WRIT - C No. - 33014 of 2024 Petitioner :- Utkarsh Goel Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Mehrotra,Mehul Khare,Vinod Kumar Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. Heard counsel for the petitioner and the learned Standing Counsel. 2. The writ petition seeks the following reliefs: "I. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.3 to complied with the order dated 24.07.2023 passed by the learned Additional Sessions Judge, Court No. 5, Ghaziabad in S.T. No. 64 of 2023 ( State Vs. Amit and others), arising out of Case Crime No. 397 of 2018 under Section 302, 120, 506, 34 I.P.C., related to Police Station Sector-49, Noida, District Gautam Budh Nagar. II. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.3 to provide the complete police protection to the petitioner, while the petitioner is appear before the learned Trial court on each and every date which is fixed by the trial court." 3. On the matter being heard previously, by order dated 5.2.2025, the Registrar General was directed to obtain current status of Sessions Trial No. 64 of 2023 (State Vs. Amit and Ors) under Section 302, 120-B IPC, Police Station Sector-49, Gautam Budh Nagar pending in the court of Additional District & Sessions Judge, Court No.5, Ghaziabad. 4. Consequent to the order aforesaid, a report of Incharge Additional District & Sessions Judge, Court No. 6, Ghaziabad dated 7.2.2025 has been placed before us. 5. Additionally, the learned Standing Counsel has also obtained instructions, copy whereof was provided to the counsel for the petitioner. In response to the instructions served upon him, counsel for the petitioner has filed a reply affidavit sworn by the petitioner. Paragraph No. 6 of this affidavit is relevant and reads as follows: "6. That in view of the aforesaid, it is submitted that in case the contesting respondents are ready to comply with the direction contained in the order dated 24.7.2023 and only on account of non-submission of application by the petitioner under Witness Protection Scheme, 2018, the respondents have not been able to comply with the directions contained in the order dated 24.07.2023, then in such circumstance, the petitioner is ready to move the application in the prescribed format under the Witness Protection Scheme, 2018, subject to the condition that the same would be disposed off within 15 days from the date of the application and the concerned committee would provide the same security as directed by the Learned Additional District Judge, Court No. 5, Ghaziabad in its order dated 24.07.2023." 6. In view of the categorical stand taken by the petitioner, this petition is disposed of leaving it open to the petitioner to submit a proper application under the Witness Protection Scheme, 2018 within a period of one week from today. 7. In case same is filed within the time specified, it is expected that same shall be disposed of expeditiously as possible and preferably within fifteen days from its filing. 8. Needless to say that the order shall be passed strictly in accordance with law and the scheme, itself. Order Date :- 24.2.2025 sfa/ Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad