Court No. - 3
Case :- WRIT - C No. - 24845 of 2020 Petitioner :- Mahesh Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Harikesh Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1, 2 and 3 and perused the record.
The contention of the learned counsel for the petitioner is that the petitioner is an eye witness against a person against whom there are 43 criminal cases and therefore his life is at peril. Considering the threat perception, by order dated 26.02.2020, the petitioner was provided security at the rate of 10% of the cost. But, the said order, dated 26.02.2020, was modified by the impugned order dated 24.07.2020 by making the cost payable @ 100%.
It has been submitted that since the petitioner is an eye witness against a criminal and there is serious threat to his life, there was no justification to modify the earlier order. Thus, the prayer of the petitioner is that the order dated 24.07.2020 be set aside and that the earlier order dated 26.02.2020 be revived.
Learned Standing Counsel has submitted that all the above aspects can be examined by the District Magistrate/District Level Committee constituted for the purpose of consideration of providing security.
He has also invited attention of the Court to the order dated 26.11.2019 passed by a Division Bench in Writ C No. 37860 of 2019 wherein similar issue was under consideration.
Considering the rival submissions, we deem it appropriate to dispose of this petition by giving liberty to the petitioner to move a comprehensive application before the District Magistrate, Ghaziabad in repect of the above grievance. In case any such representation is filed within two weeks from today, the District Magistrate Ghaziabad or the District Level Committee, as the case may be, shall call for a report from the concerned police authority and shall examine the case of the petitioner and pass a reasoned order based on the threat perception of the petitioner within next three weeks. The order passed in pursuance of the above exercise shall substitute the impugned order dated 24.07.2020.
Order Date :- 5.1.2021 SY