Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7451 of 2021 Petitioner :- Arun Kumar Yadav Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Mohd. Sarwar Khan Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard Shri Mohd. Sarwar Khan, learned counsel for the petitioner and learned A.G.A. for the State-respondents.
This writ petition has been filed praying for the following main reliefs:
" 1. Issue a writ order or direction in the nature of mandamus directing to the respondent No. 4 Station House Officer, Police Station Kotwali District Jaunpur not to register the F.I.R. again and again illegally and not to harassed the petitioner and his family by raiding the house of the petitioner and his Press building and calling again and again in the police station and torturing, threatening and acted illegally by initiating criminal proceeding against the petitioner on behest of the respondent No. 5 to 8.
2. Issue a writ, order or direction in the nature of Mandamus directing the respondent No. 3, Superintendent of Police, Jaunpur to provide adequate safety and security to the petitioner who is Journlist and Chief Editor of News Paper Preet Times in Jaunpur City and his family.
3. Issue a writ, order or direction in the nature of mandamus directing the respondent No. 3, Superintendent of Police, Jaunpur to take the action against the Station House Officer, P.S. Kotwali District Jaunpur who taking the law in his hand on hehest of respondent No. 5 to 8."
Learned A.G.A. has raised preliminary objection regarding maintainability of the present writ petition on the ground that sofar as the safety and security of the petitioner is concerned, directions have been by a Division Bench of this Court in Dr. Nutan Thakur Vs. State of U.P. and others in Writ Petition No.6509 (MB) of 2013, and in pursuance thereof, the State Government has issued a Government Order dated 9th May, 2014 laying down various guidelines for grant of a security cover by the District Level Committee, Divisional Level Committee and by the State Level Committee.
Once full fledged mechanism is provided under the aforesaid three tier security cover, then the petitioner would be at liberty to invoke the remedy for grant of a security cover.
In the facts and circumstances, this writ petition is disposed of with liberty to the petitioner to move appropriate representation before the District Level Committee raising his grievance with regard to grant of security cover within two weeks from today. In case any such representation is filed within the said period, then definitely, the authority on the spot would proceed to redress the grievance of the petitioner in accordance with law in further two months.
It is made clear that we have not expressed any opinion on merits of the case of the petitioner.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 20.9.2021 Jaswant