2025:UHC:7646-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. G. NARENDAR AND THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY Writ Petition (Criminal) No. 906 of 2025 28th August, 2025 Shamim Ahmed & Others --------Petitioners Versus State of Uttarakhand and others -------Respondents ------------------------------------------------------------------- Presence:- Mr. Bharat Singh, Advocate for the petitioners Mr. J.S. Virk, Deputy A.G. with Mr. Rakesh Joshi, Brief Holder for the State ------------------------------------------------------------------- JUDGMENT : (per Mr. Subhash Upadhyay, J.) Petitioners have approached this Court for the following relief:- “(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.1 and 2 to provide adequate protection to the petitioners from private respondent no.3 to 6 and the petitioner no.3 and 4 will start to go in school in the protection of respondent no.1 and 2.” 2. Pursuant to order dated 26.08.2025, Mr. Shanti Kumar, S.H.O. Manglaur, District Haridwar is virtually present. 3. Learned counsel for the petitioner submits that respondent nos.3 to 5 and other co-accused 1 2025:UHC:7646-DB persons attacked petitioner no.1 for which petitioner no.2 lodged the FIR No.602/2024 at P.S. Manglaur against respondent nos.3 to 6 and other co-accused persons under sections 115(2), 117(2), 76 and 351(2) of B.N.S. Subsequently, on 07.06.2025, son of petitioner nos.1 and 2 was murdered for which FIR No.446/2025 was lodged against respondent nos.3 to 6 under Sections 103(1), 126(2), 131, 351(2), 352, 61(2) of B.N.S. It is further submitted that the private respondents are repeatedly threatening the petitioners for dire consequences, due to which petitioner nos.3 and 4, who are students, are not able to attend their school. 4. Learned Deputy Advocate General submits that the petitioners are residing at Jhabreda, District Haridwar where they have been provided adequate protection. He further submits that the petitioners may move an application before the Competent Authority under the Witness Protection Act, 2020. 5. S.H.O. Manglaur submits that in case petitioners reside at Manglaur, then they will be provided necessary protection. 6. We record the statement of S.H.O. Manglaur 2 2025:UHC:7646-DB and direct him to provide adequate protection to the petitioners for a period of two months. Upon expiry of two months, S.H.O. concerned shall make a fresh assessment of the threat perception and will provide necessary protection, if required. 7. The writ petition stands ordered accordingly. 8. As a sequel thereto, the miscellaneous applications, if any pending, shall stand closed. (G. NARENDAR, C. J.) (SUBHASH UPADHYAY, J.) Dated: 28.08.2025 Rajni 3 RAJINI GUSAIN Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db484 48ac3701a9ae475a2547e4b7f1d9b1f17 d01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4 DF4FC80D4557562F95BEBA013F53061 6A158A0A878BD8, cn=RAJINI GUSAIN Date: 2025.08.29 10:21:13 +05'30'