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2025 DAILYLAW 138704 (ALL)

SMT. DIPTY SHARMA v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECRETT. U.P. LKO. AND OTHERS

CRLP/3655/2023 · 2025-01-17

Om Prakash Shukla, Vivek Chaudhary

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Judgment text

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Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 3655 of 2023 Petitioner :- Smt. Dipty Sharma Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. U.P. Lko. And Others Counsel for Petitioner :- Shailesh Kumar Pathak,Deepanjali Singh,Parmanand Sharma Counsel for Respondent :- G.A.,Namit Kumar Sharma,Suresh Chandra Pandey Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J. (Order on C.M. Application No.IA/2/2024 : Application for condonation of delay) Heard learned counsel for the petitioner. Grounds mentioned in the delay condonation application are sufficient. In view of above, the instant application is allowed and the delay occurred in filing of recall application is hereby condoned. (Order on C.M. Application No.IA/3/2024 : Application for recall of the order dated 05.11.2024) This is an application for recall of the order dated 05.11.2024 passed by this Court, whereby the instant writ petition was dismissed for want of prosecution. Heard learned counsel for the petitioner. Grounds taken in the application are sufficient. In view of above, the instant application is allowed and the order dated 05.11.2024 is hereby recalled. Office is directed to restore this writ petition to its original number. (Order on Memo of Writ Petition) Heard learned counsel for the petitioner and learned A.G.A. for the State. The instant writ petition has been filed seeking following main relief:- "(i) Issue a writ, order or direction in the nature of Mandamus commanding the Opposite Parties specially Opposite Party No.2 & 3 to consider and decide the representation dated 25.02.2023 (contained as Annexure No.1) filed by the petitioner and provide proper aid and security to the petitioner and his family members." The sole grievance of the petitioner is that she prays for some security as she apprehends harassment and threat from her husband, who is an I.P.S. Officer. Learned counsel for the petitioner fairly submits that petitioner has lodged an F.I.R. against opposite party No.4 bearing F.I.R. No.0101/2020, under Sections 409, 201, 120-B I.P.C. at Police Station Hazratganj, District Lucknow Central (Lucknow Commissionerate), which is under investigation. On the other hand learned A.G.A. for the State submits that the petitioner is entitled for protection under the Witness Protection Scheme, 2018, for which she has to submit an application before the District Judge concerned. In view of above, the petitioner is at liberty to move appropriate application before the District Judge, Lucknow within a period of three weeks from today and the Committee under the Chairmanship of District Judge, Lucknow shall consider and decide the same by passing appropriate orders within two months thereafter. Accordingly, the instant writ petition stands disposed of. (Om Prakash Shukla,J.) (Vivek Chaudhary,J.) Order Date :- 17.1.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench