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2025 DAILYLAW 118980 (ALL)

Sudha Gautam and 13 Others v. State of U.P. through Additional Secretary, Department of Home, Lucknow and 12 Others

CRLP/523/2025 · 2025-01-23

Om Prakash Shukla, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4533-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 523 of 2025 Petitioner :- Sudha Gautam And 13 Others Respondent :- State Of U.P. Through Additional Secretary, Department Of Home, Lucknow And 12 Others Counsel for Petitioner :- Sajjad Husain Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Om Prakash Shukla,J. Heard the learned counsel for the petitioners and the learned A.G.A. who appears on behalf of the State- respondents. This petition has been filed by the petitioners for the following prayers:- "I. Issue writ, an order or direction commanding and directing in the nature of Mandamus to the State Opposite parties more specifically to the Opposite party nos.2 to 5 to provide protection of the petitioner, family members under the Uttar Pradesh Witness Protection Scheme, 2024 in the interest of justice. II. Issue writ, an order or direction, commanding and directing in the nature of Mandamus, directing to the Opposite party nos.2 to 5 to decide the Application dated 10.01.2025 moved Uttar Pradesh Witness Protection Scheme, 2024 within a stipulated time period as may be deemed fit and proper by this Court for securing the ends of justice. Copy of the application dt.10.01.2025 along with the tracking report is annexed herewith as Annexure No.1 to this petition. III. Issue writ, an order or direction, commanding and directing thereby constituting Special Investigation Team to investigate in Case Crime No. 0179/2024, registered under Section 105, 352 BNS, and sections 3(1)(d) 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, at Vikas Nagar Police Station, Lucknow as the role of the Complainant and some Police personnel are itself suspicious in the matter for securing the ends of justice. Copy of the FIR No. 0179/2024, registered under Section 105, 352 BNS, and sections 3(1)(d) 3(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, at Vikas Nagar Police Station, Lucknow is annexed herewith as Annexure No.2 to this petition. IV. Issue writ, an order or direction in the nature of Mandamus commanding and directing the Opposite parties to ensure the fair investigation and complete the investigation expeditiously in Case Crime No. 0179/2024, registered under Section 105, 352 BNS, and sections 3(1)(d) 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, at Vikas Nagar Police Station, Lucknow within stipulated time period as may be deemed appropriate & fit by this Hon'ble Court in the light of Rule 7(2) of the SC/ST (Prevention of Atrocities) Rules, 1995 in the interest of justice. Copy of the FIR No. 0179/2024, registered under Section 105, 352 BNS, and sections 3(1)(d) 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, at Vikas Nagar Police Station, Lucknow is annexed herewith as Annexure No.2 to this petition. V. Issue any order or direction which this Hon'ble Court may deem fit and proper to ensure the protection of the petitioner in the interest of justice. VI. Allow the petition with cost in favor of the petitioners." From perusal of the record, it appears that the petitioners' application under the Uttar Pradesh Witness Protection Scheme, 2024 has been made to the Committee concerned, a copy of which has been annexed as Annexure-1 to the petition. Without entering into the merits of the case, this writ petition is finally disposed of with a direction to the Committee concerned to decide the Application as expeditiously as possible, say within a period of one week from the date a certified copy of this order is produced before it. Order Date :- 23.1.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench