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2025 DAILYLAW 115867 (ALL)

Rajiv Kumar Ashish @ Ashish Kohli v. State of U.P. through Additional Chief Secretary Home and others

WRIC/153/2022 · 2025-03-21

Om Prakash Shukla, Rajan Roy

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16524-DB Court No. - 2 Case :- WRIT - C No. - 153 of 2022 Petitioner :- Rajiv Kumar Ashish @ Ashish Kohli Respondent :- State Of U.P. Through Additional Chief Secretary Home And Others Counsel for Petitioner :- Saksham Agarwal,Rakesh Kumar Agarwal,Ripu Daman Shahi Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard. 2. This is a petition by Rajiv Kumar Ashish @ Ashish Kohli who claims to be Vice President, Akhil Bhartiya Hindu Mahasabha having its head office at Hindu Mahasabha Bhawan, Mandir Marg, New Delhi. He also claims to be holding the post of President of Akhil Bhartiya Hindu Mahasabha, U.P. By means of this petition, he has challenged various orders by which his request for grant of security considering the threat perception to his life, has been rejected. The request was considered under the various government orders issued by the State Government in this regard. It is not the case of the petitioner that he is a witness in any pending trial nor is he claiming any protection under the Witness Protection Scheme. The only contention raised by learned counsel for the petitioner is that while rejecting the request of the petitioner, it has been incorrectly mentioned that wife of the petitioner possesses an arms license whereas she does not. He, however, fairly submitted that during pendency of the writ petition, the petitioner has been granted arms license. Petitioner's counsel has invited our attention to pendency of certain criminal cases. 3. We have perused both the orders especially the last order dated 04.02.2021. As regards pendency of criminal cases, the order impugned states that so far as NCR No.114 of 2018 under Section -507 I.P.C. is concerned, the accused is died. As regards other criminal cases the one relating to an incident allegedly taken place on 29.06.2019 within the limits of P.S.-Kaiserbagh, Lucknow, on investigation, the incident was not found to have taken place. Another criminal case was lodged by the petitioner in District-Bareili bearing Case Crime No.15/2020 under Sections-188, 153A, 295A I.P.C. and Section-66 I.T. Act wherein chargesheet has been filed adding offences punishable under Sections-381, 386, 411 I.P.C. on 19.02.2020. Apart from it, another criminal case bearing Case Crime No.43/2020 under Sections-153/505(1)(B) I.P.C. was lodged by the petitioner at P.S.-Civil Lines, District Aligarh wherein final report has been filed on 01.06.2020. Another criminal case bearing Case Crime No.0/2020 was lodged by the petitioner under Sections- 385/505(1)(B) I.P.C. lodged at P.S.-Ramganj, District-Ajmer, Rajasthan. It is found that there is no security threat to the petitioner within the precincts of District-Lucknow nor is there any enmity etc, accordingly, the experts have opined that there is no need to grant security to the petitioner within the boundaries of District-Lucknow. We do not find any error in this order. If there is any threat in any other district then the petitioner may apply there. 4. Accordingly, the petition is disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 21.3.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench