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2025 DAILYLAW 80353 (ALL)

CHANDRASHEKHAR v. STATE OF U.P. AND ANOTHER

WRIC/25398/2025 · 2025-08-17

Mahesh Chandra Tripathi, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141049-DB Court No. - 29 Case :- WRIT - C No. - 25398 of 2025 Petitioner :- Chandrashekhar Respondent :- State of U.P. and Another Counsel for Petitioner :- Pramod Kumar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Praveen Kumar Giri,J. 1. Petitioner is before this Court with request to issue a writ, order or direction in the nature of mandamus commanding the second respondent, District Magistrate Banda to decide the application dated 11.07.2025 for providing Security to the petitioner and his family members. 2. The petitioner, a resident of Village Tindura, Atarra, District Banda, claims that he and his family members have been continuously harassed and tortured by some unknown persons for several years. Sometimes, at night, masked persons have also beaten the petitioner and his family member. Due to which, the petitioner and his family are scared and troubled. Although the petitioner has informed the police station about these incidents several times, but till date no any security/investigation/action has been provided for the petitioner and his family. In this backdrop, the aforesaid application has been sent by the petitioner to the respondent no. 2, District Magistrate, Banda, but till date no action has been taken. 3. The State Government has issued a Government order dated 9th May, 2014 for providing security, which provides that actual threat perception should exist and that on a mere apprehension security could not be provided. Further, the background, antecedent, criminal history and misuse of security are also relevant considerations to be examined objectively by the State Level Committee while considering the application for grant of security cover and 3 tier system i.e. District level, Regional level and State level is provided for redressal of such dispute. 4. In Writ C No.32729 of 2016 (Shrikant Tyagi vs. State of UP and 3 ors.) decided on 20.7.2016, this Court has observed that if the threat perception is still being received, it is open to the petitioner to move an application as per the Government Order dated 9.5.2014. In case any application is moved by the petitioner, it is always expected that the authority concerned will consider the said application in accordance with law. 5. We accordingly dispose of the writ petition with liberty to the petitioner to move an appropriate application as per the Government Order dated 9.5.2014 and in case any application is moved by the petitioner, the authority concerned will consider and decide the said application in accordance with law. Order Date :- 18.8.2025 K.K. Maurya Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad