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2026 DAILYLAW 561 (UTT)

RAJIV CHOUDHARY v. STATE OF UTTARAKHAND

WPCRL/98/2026 · 2026-01-08

Manoj Kumar Tiwari, Subhash Upadhyay

body2026

Judgment text

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2026:UHC:347-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 08.01.2026 WPCRL No.98 of 2026 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. (per: Hon’ble Justice Sri Manoj Kumar Tiwari) Mr. G.C. Lakhchaura, learned counsel with Mr. Aayush Gaur, learned counsel for the petitioner. 2. Mr. K.S. Bora, learned Deputy A.G. with Mr. J.P. Kandpal, learned Brief Holder for the State. 3. According to the petitioner, there is threat to his life and his family members from certain persons, who reside at Kainchi Dham, Bhowali, District Nainital. It is further alleged that even though the matter was reported to S.S.P., Nainital, but no protection is being provided to the petitioner, although FIR was registered on his complaint. 4. The reliefs sought in the writ petition are as follows:- “(i) To issue a writ, order or direction in the nature of mandamus directing and commanding the respondent nos.4 and 5 to provide adequate police protection and round the clock security to the petitioner and his family members, in the interest of justice. (ii) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no.4 and 5 to conduct an impartial investigation in respect of the FIR No.68 of 2025 2026:UHC:347-DB dated 13.12.2025 under section 115(2), 126(2), 324(2), 351(2), 353(3) and 352 of Bharatiya Nyaya Sanhita, 2023 lodged at P.S. Bhowali, District Nainital.” 5. Learned State Counsel submits that if petitioner wants police protection, then he should approach the S.S.P., Nainital. 6. Accordingly, writ petition is disposed of with liberty to the petitioner to represent the matter before S.S.P., Nainital. If petitioner makes representation, S.S.P., Nainital shall have his threat perception assessed by a police officer, not below the rank of S.H.O., and thereafter S.S.P. shall pass appropriate orders, as per law, on the representation, within three weeks from the date of presentation of representation before him. 7. Let certified copy of this order be supplied to learned counsel for the parties, today itself, on payment of usual charges. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 08.01.2026 08.01.2026 Rajni