Research › Search › Judgment

High Court of Uttarakhand · body

2026 DAILYLAW 6817 (UTT)

HEMANT CHOUDHARY v. STATE OF UTTARAKHAND

WPCRL/1006/2026 · 2026-06-11

Alok Mahra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:4692 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/1006/2026 Hon’ble Alok Mahra, J. Ms. Rajni Rangwal, learned counsel for the petitioners. 2. Mr. V.S. Pal, learned A.G.A. along with Mr. Manoj Bhatt and Mr. Nikhil Bisht, learned Brief Holders for the State. 3. Mr. V.P. Bahuguna, learned counsel for respondent no.4. 4. By means of the present criminal writ petition under Article 226 of the Constitution of India, the petitioners seek issuance of a writ, order or direction in the nature of mandamus commanding respondent nos.1, 2 and 3 to provide appropriate police protection to the petitioner so as to safeguard his life and personal liberty against the alleged threat extended by respondent no.4 and his associates whenever the petitioner attends proceedings in his pending cases before the District Court, Dehradun. 5. Learned counsel for the petitioner would submit that the petitioner is engaged in the business of purchase and sale of second-hand vehicles and property dealings at Dehradun; that, respondent no.4 is a practising Advocate at District Court, Dehradun and is also a member of the Bar Association, Dehradun; that, both parties had cordial relations for more than ten years; however, differences arose after matrimonial disputes allegedly emerged 2026:UHC:4692 between respondent no.4 and his wife in the year 2026; that, respondent no.4 held the petitioner responsible for such matrimonial discord and, consequently, became inimical towards him. 6. Learned counsel for the petitioner would further submit that on 11.05.2026, when the petitioner had appeared before the Court of 1st Additional Civil Judge (Junior Division), Dehradun in connection with Original Suit No.311 of 2018, respondent no.4 along with certain associates allegedly took the petitioner to the office of the Bar Association, Dehradun and assaulted him; that, thereafter, upon intervention of certain advocates, the matter was amicably resolved and both parties agreed to maintain peace and not interfere in each other's affairs, however, despite the said understanding, respondent no.4 allegedly continued to extend threats to the petitioner and warned him not to enter the court premises; that, due to such apprehension, the petitioner has been unable to appear in his pending matters and bailable warrants have also been issued against him in some proceedings. Accordingly, protection has been sought to enable the petitioner to participate in judicial proceedings without fear. 7. Per contra, learned counsel appearing for respondent no.4 would oppose the writ petition and submitted that respondent no.4 is a respected practising advocate at District Court, Dehradun and the allegations levelled against him are wholly false and fabricated; that, respondent no.4 had earlier represented the petitioner as 2026:UHC:4692 counsel in several litigations and had appeared in approximately thirty six matters on behalf of the petitioner, out of which 26 cases have been decided and ten cases are still pending; that, respondent no.4, the dispute arose only on account of non-payment of professional fees and the present petition has been instituted to exert undue pressure. 8. Learned counsel for respondent no.4 further gave an undertaking before this Court that respondent no.4 has been practising in District Court, Dehradun for the last about twenty-nine years and assured the Court that he shall not create any obstruction, interference or hindrance in the appearance of the petitioner before any Court within the District Court campus, Dehradun. 9. He would further submit that in the pending matters wherein respondent no.4 had earlier appeared as counsel for the petitioner, respondent no.4 is ready and willing to hand over the case records and issue No Objection Certificates (NOC), if required, to facilitate engagement of any other counsel by the petitioner. 10. Heard learned counsel for the parties and perused the material available on record. 11. This Court, vide order dated 01.06.2026, had called for a report from the District Judge, Dehradun regarding the allegations made in the writ petition. 12. The report has been received and perused. A perusal of the report submitted by the In-charge District Judge, Dehradun reveals that upon the complaint of the 2026:UHC:4692 petitioner, both parties were called to the office of the Bar Association, Dehradun in the presence of office bearers of the Bar Association. The report further indicates that the petitioner submitted a written apology stating that he would not interfere in the personal affairs of respondent no.4 and would maintain distance in future. 13. Having considered the submissions advanced by learned counsel for the parties, the undertaking furnished on behalf of respondent no.4 before this Court, and the report submitted by the District Judge, Dehradun, this Court is of the view that no further adjudication is required in the present matter at this stage. 14. However, it is observed that the petitioner shall remain at liberty to attend and participate in all pending judicial proceedings before the District Court, Dehradun and respondent no.4 shall abide by the undertaking given before this Court and shall not cause any obstruction or interference in such appearance. 15. Accordingly, the present criminal writ petition stands disposed of in the aforesaid terms. 16. Pending applications, if any, also stand disposed of. (Alok Mahra, J.) 11.06.2026 Mamta MA MTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f 244f3e584af1449e430ef900 bf09a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1 d9cabfd54852c9e68911ca8b 66dd26690a191648ab5d8dd 004ef0, cn=MAMTA RANI Date: 2026.06.12 11:57:53 +05'30'