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2025 DAILYLAW 121614 (ALL)

KARUNESH SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

/971/2025 · 2025-02-07

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7938-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 971 of 2025 Petitioner :- Karunesh Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Rajiv Kumar Bajpai,Anuja Bajpai,Suparna Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. This petition has been filed with the following main prayers:- "i. issue a writ, order or direction in nature of mandamus issue the opp parties 2 to 6 given protection of petitioners giving the pendency of trial in case crime no.47/2004 on dated 12/05/2004 U/s 504, 506, 452, 384 IPC & 3(1) of Gangster act pending before Additional Session Judge. ii. issue a writ, order or direction in nature of mandamus directing the Opp. Parties to allot Gunner again till then statement of petitioner is not done in the said criminal proceedings." 3. It has been submitted by learned counsel for the petitioner that the petitioner had earlier approached this Court in Criminal Misc. Writ Petition No.6934 of 2024: Karunesh Singh Vs. District Magistrate Sultanpur and others, where this Court had directed the petitioner to withdraw the petition and to file an appropriate application before the District Judge concerned under the Witness Protection Scheme, as applicable, and in case such an application is filed by the petitioner, the Authority concerned shall consider and decide the same without any delay and in accordance with law. 4. In pursuance of the order dated 18.09.2024, the petitioner approached the District Judge's Committee concerned but no orders were passed. The petitioner thereafter approached this Court in Criminal Misc. Writ Petition No.8948 of 2024: Karunesh Singh Vs. District Magistrate Sultanpur and others, where this Court had directed the learned Standing Counsel to seek instructions and on the basis of instructions it was found that protection is provided to the petitioner by order dated 02.12.2024. The Court disposed of the writ petition by order dated 19.12.2024. 5. It has been submitted that the petitioner was not provided any protection and he filed a Contempt Application (Civil) No.156 of 2025: Karunesh Singh Vs. Smt. Aparna Rajat Kaushik, S.P. Amethi, which was not pressed by the petitioner and this Court had granted liberty to the petitioner to approach the appropriate Forum. 6. It has been submitted that this writ petition has been filed only because the petitioner's application has not been considered. 7. This writ petition is not maintainable as the petitioner has claimed the same relief repeatedly. However, learned A.G.A. has produced before this Court instructions dated 27.01.2025 sent by Sri Shivbuksh Singh, Sub Inspector, P.S. Jagdishpur, District Amethi, wherein an order passed by the District Witness Protection Committee dated 02.12.2024 has been enclosed. In the said order, it has been stated that on every day when the petitioner shall have to depose before the Trial Court, he shall be provided one personal security ofÏcer from the Police Station concerned from State expenses. 8. Instructions are kept on record. 9. The writ petition stands disposed of. Order Date :- 7.2.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench