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2025 DAILYLAW 200843 (ALL)

DEVENDRA SINGH v. STATE OF U.P. AND 2 OTHERS

WRIC/33752/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33752 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. The petitioner by means of the present writ petition has prayed for the following relief: "(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.3 to provide the security guard (Gunner) to the petitioner forthwith. (ii) Issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (iii) Award the cost of the petition to the petitioner." 3. The case of the petitioner is that there was some enmity between the petitioner's family and Mange Ram, Lokendra, Ravindra Charan Singh, Subhash and Amit who are the residents of the village where the petitioner lives.The said persons attacked on the brother of the petitioner, for which an FIR was registered as Case Crime No.189 of 2002, under Section 307 I.P.C. Since, the petitioner, his brother and uncle were the eye witness of the said case, the uncle of the petitioner was murdered by the said persons, for which an FIR being Case Crime No.298 of 2004, under Sections 147, 148, 149, 307, 302 I.P.C. was registered against the said persons, in which they have been convicted for life imprisonment, but later on, they have got themselves bailed out. 4. The grievance of the petitioner is that the after obtaining bail, the aforesaid accused persons started threatening the petitioner for dire Versus Counsel for Petitioner(s) : Jata Shankar Pandey Counsel for Respondent(s) : C.S.C. Devendra Singh .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) consequence of life. Therefore, petitioner submitted applications before the respondent authority for providing security guard, but no heed has been paid on the same. 5. Learned Standing Counsel submits that no useful would be served in keeping the writ petition pending and appropriate direction may be issued to the respondent no.4 to consider the grievance of the petitioner. 6. Accordingly, considering the facts and circumstances of the case and without going into the merits of the case, the writ petition is disposed off permitting the petitioner to submit a fresh representation ventilating all his grievances before the respondent no.3-Superintendent of Police, District - Baghpat along with a certified copy of this order within a period of one month from today. In case any such representation is filed by the petitioner, respondent no.3 shall consider and decide the same strictly in accordance with law after giving due notice and opportunity of hearing to the petitioner within a period of one month thereafter. October 15, 2025 NS WRIC No. 33752 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad