2025:UHC:8493-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY Writ Petition Criminal No.594 of 2025 22nd September, 2025 Abubakar & Another ----Petitioners versus State Of Uttarakhand and others ----Respondents ------------------------------------------------------------------- Presence:- Mr. Mohd. Faiz Ali, learned counsel for the petitioners Mr. J.S. Virk, Deputy Advocate General with Mr. Rakesh Joshi, Brief Holder for the State. ------------------------------------------------------------------- JUDGMENT: (per Sri Subhash Upadhyay, J.) Heard learned counsel for the petitioners and the learned Deputy Advocate General for the State of Uttarakhand. 2. By means of present writ petition, petitioners have sought the following reliefs:- “ A. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent nos.2 and 3 to provide the police protection to the petitioners and also direct to see that the petitioners are not subjected to threats or act of violence. B. To issue any other writ, order or direction in the nature of mandamus commanding and directing 1 2025:UHC:8493-DB the respondent nos.2 and 3 to restrain respondent no.4 come near the petitioners so that they do not to interfere in the peaceful life of the petitioner.” 3. It is submitted that petitioners belong to Muslim community and are permanent residents of District Dehradun. They run two shops in Tehsil Kalsi, District Dehradun. It is alleged that on 23.03.2025 respondent no.4 along with 50-60 people came at the shops of the petitioners and threatened them and their family members for dire consequences; that again on 08.05.2025 respondent no.4 with a mob of 50-60 people came at the place of petitioners and threatened to burn their family members alive. It is, thus, prayed that respondent no.4 be restrained from entering the area where the petitioner and his family is residing and from causing disturbance in the shops of the petitioners. 4. It is further submitted that the respondent no.4 has a criminal history of giving hate speech and a number of FIRs are registered against him in District Dehradun. 5. Learned D.A.G. submits that the second respondent would ensure that no harm is caused to the 2 2025:UHC:8493-DB life and limbs of the petitioners and that appropriate action, if required, would be taken against respondent no.4 in view of provisions of U.P. Control of Goondas Act, 1970. 6. In that view, the Senior Superintendent of Police, District Dehradun is directed to assess the threat, if any, to the life and limb of the petitioners, and provide necessary protection, if it is found that there is a threat to the life and limb of the petitioners. 7. The Writ Petition stands ordered accordingly. 8. Pending application, if any, also stands disposed of. (G. NARENDAR, C.J.) (SUBHASH UPADHYAY, J.) Dated: 22.09.2025 Rajni 3 RAJINI GUSAIN Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db484 48ac3701a9ae475a2547e4b7f1d9b1f17 d01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B 4DF4FC80D4557562F95BEBA013F5306 16A158A0A878BD8, cn=RAJINI GUSAIN Date: 2025.09.24 10:16:59 +05'30'