Ashok Bhushan, Ag. C.J. Heard the learned counsel for the petitioner and the learned Government Pleader.
2. By this writ petition, the petitioner has prayed for a mandamus directing respondents 1 and 2 to provide police protection to the life of the petitioner and his family members from respondent no. 5.
3. Petitioner’s case is that an agreement was entered into between the petitioner and respondent no. 5 on 15.1.2009. It is submitted that the 5th respondent sought the help of certain persons to threaten the petitioner to withdraw the case. Allegations are made against the 3rd respondent also.
4. The learned Government Pleader, on instructions, submitted that a complaint was received from the 5th respondent regarding the transaction on 15.1.2009. Respondent No. 5 alleged that the transaction was not genuine. An enquiry was made by the police authorities including recording the statement of the petitioner. The police authorities having found that a civil suit is pending, no further steps have been taken in the matter. A suit filed by the petitioner for specific performance of the contract is -: 2 :-
also pending in the civil court.
5. There being civil case pending before the civil court, we are of the view that the parties may get their rights settled in the civil court. We further observe that if any offence is committed or attempted to be committed, it shall be open for the petitioner to file appropriate complaint.
With the above observations, the writ petition is closed.
Sd/-
Ashok Bhushan, Ag. Chief Justice Tds/ Sd/-
A.M. Shaffique, Judge.