LALTA PRASAD DUBEY v. DIRECTOR GENERAL OF POLICE, LUCKNOW
2000-12-15
G.P.MATHUR, U.S.TRIPATHI
body2000
DigiLaw.ai
G. P. MATHUR, J. ( 1 ) THIS writ petition under Article 226 of the Constitution has been filed praying that a writ of mandamus be issued directing the Superintendent of Police, Jaunpur to comply with the order dated 10-5-2000 passed by the learned IIIrd Addl. Sessions Judge, Jaunpur in S. T. No. 340 of 1998. ( 2 ) WE have heard learned counsel for the petitioner, learned A. G. A. for the State and have perused the record. ( 3 ) IT is averred in the writ petition that an incident took place in which three persons including the nephew of the petitioner were murdered. After investigation, charge-sheet was submitted against the accused and in due course, the case was committed to the Court of Sessions for trial. The trial has been registered as S. T. No. 340 of 1998 and is pending in the Court of learned IIIrd Addl. Sessions Judge, Jaunpur. The petitioner is an eye-witness of the aforesaid case. It is also averred in the writ petition that the accused are hardened criminals and they are extending threats to the petitioner not to appear as a witness in Court. It is further averred that threats have been extended to some other eye-witnesses as well. The record shows that the petitioner moved an application before the learned IIIrd Addl. Sessions Judge, Jaunpur on 10-5-2000 stating that he was receiving threats to his life and therefore security may be provided to him. The learned IIIrd Addl. Sessions Judge passed order on the same day directing the Superintendent of Police, Jaunpur to provide security to the petitioner as he had received threats and he needed protection both at home and while coming to Court for purpose of giving evidence. The D. G. C. (Criminal), Jaunpur had also written to Superintendent of Police informing him about the order passed by the Court. The grievance of the petitioner is that in- spite of clear direction by the learned IIIrd Addl. Sessions Judge, no security has been provided to thepetitioner so far. ( 4 ) THE State Government has issued a G. O. bearing No. 376 Chha dated 19-2-96, laying down the conditions under which security shall be provided at the State expense.
The grievance of the petitioner is that in- spite of clear direction by the learned IIIrd Addl. Sessions Judge, no security has been provided to thepetitioner so far. ( 4 ) THE State Government has issued a G. O. bearing No. 376 Chha dated 19-2-96, laying down the conditions under which security shall be provided at the State expense. Para 7 of the G. O. lays down that security shall be provided for a limited period to a person who is doing pairvi of a case in which his relation has been murdered. The same para also provides for giving security to prosecution witnesses. The petitioner is an eye-witness of the incident and he happens to be real uncle of one of the deceased. On facts, the case is entirely covered by para 7 of the G. O. It is averred in para 8 of the writ petition that Superintendent of Police, Jaunpur has not complied with the order passed by the learned IIIrd Sessions Judge on account of some oblique motive. Certain allegations have also been made against the Superintendent of Police but we do not want to go into that question. In view of the fact that the case of petitioner is covered by para 7 of the G. O. and also that there is direction given by the learned IIIrd Addl. Sessions Judge, the Superintendent of Police. Jaunpur ought to have provided security to the petitioner. The inaction of the authority in not providing security to the petitioner in the facts and circumstances of the case, is not justified. ( 5 ) THE record shows that the petitioner has filed a transfer application in this Court being Criminal Misc. (Transfer) Application No. 310 of 2000 seeking transfer of the case from Jaunpur to some other place on the same ground namely that there is apprehension to the life of the petitioner. Sri Ranjit Saxena learned counsel for the petitioner has given an undertaking that in view of the order which we propose to pass in the present writ petition, the petitioner will get transfer application dismissed so that the trial may proceed. ( 6 ) THE writ petition is, accordingly, allowed. A writ of mandamus is issued commanding the respondents Nos.
Sri Ranjit Saxena learned counsel for the petitioner has given an undertaking that in view of the order which we propose to pass in the present writ petition, the petitioner will get transfer application dismissed so that the trial may proceed. ( 6 ) THE writ petition is, accordingly, allowed. A writ of mandamus is issued commanding the respondents Nos. 1, 2, 4, 5 and 6 to provide two armed guards to the petitioner for his security till the prosecution evidence in S. T. No. 340 of 1998 pending in the Court of learned IIIrd Addl. Sessions Judge, Jaunpur is concluded. ( 7 ) OFFICE is directed to place a copy of this order on the record of Criminal Misc. (Transfer) Application No. 310 of 2000. Petition allowed. .