Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 3834 of 2019
Petitioner :- Harish Kumar Thapar
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Arvind Srivastava,Satya Prakash Singh
Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned AGA for the respondent nos. 1, 2 and 3; and perused the record.
The instant petition has been filed with multiple prayers. The first prayer is to direct the respondents to complete investigation of Case Crime Nos. 1056 of 2018; 2345 of 2018; and 2911 of 2018 all registered at Police Station Kavi Nagar, District Ghaziabad.
The Second prayer is for a direction upon the Senior Superintendent of Police, Ghaziabad to ensure implementation of the order dated 02.11.2018, which has been passed by the Chief Judicial Magistrate, Ghaziabad directing the Senior Superintendent of Police, Ghaziabad to consider providing security to the petitioner.
The third prayer is for a direction to initiate disciplinary proceeding against one Dharmendra Baliyan for not completing the investigation and facilitating the accused in threatening the petitioner and the witnesses.
Insofar as the first and third prayer of the petitioner is concerned, we are of the view that the petitioner has an alternative remedy, that is he may invoke the powers of the learned Magistrate in light of the decisions of the Apex Court in Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage, (2016) 6 SCC 277; Sakiri Vasu v. State of U.P., (2008) 2 SCC 409; and T.C. Thangaraj v. V. Engammal, (2011) 12 SCC 328 : (2012) 1 SCC (Cri) 568.
Insofar as the second prayer of the petitioner is concerned, we deem it appropriate to dispose off this petition by providing that upon a comprehensive representation made by the petitioner to the Senior Superintendent of Police, Ghaziabad disclosing his threat perception as well as the material on the basis of which he has such threat perception, the Senior Superintendent of Police, Ghaziabad shall take an appropriate decision thereon, preferably, within a period of three weeks from the date of filing such representation, by speaking order.
The petition stands disposed off. Order Date :- 28.2.2019 Lbm/-