Lovepreet Singh And Others vs State Of Uttarakhand And Others

Raghvendra Singh Chauhan, CJ

The petitioners have filed the present writ petition before this Court for seeking police protection from respondent Nos.5 to 9. According to the petitioner No.6, Paramjeet Kaur, she is married to respondent No.5, Sardul Singh. However, according to her, her husband, Sardul Singh, is a chronic alcoholic. Since she belongs to a poor family, she is repeatedly subjected to mental and physical cruelty by her husband. Unable to bear the atrocities committed by her husband, she has sought help from petitioner Nos.1 to 5 who are her family members. She has finally taken help from petitioner Nos.1 to 5. However, as her husband is agitated by the fact that she has taken help from her relatives, he along with respondent Nos.6 to 9, have started threatening the petitioners.

The petitioner No.6 further claims that she has sent a complaint to Senior Superintendent of Police, Nainital, clearly pointing out that she and her relatives are being threatened by respondent Nos.5 to 9. Despite the fact that the said complaint was sent by her on 19.01.2021, no action has been taken by the Senior Superintendent of Police, Nainital. Hence, the present petition before this Court.

It is, indeed, trite to state that once a complaint has been made to the Senior Superintendent of Police with regard to threat being imposed by respondent Nos.5 to 9, the Senior Superintendent of Police is duty bound to take steps in accordance with law. Even if an FIR could not be registered, there are sufficient provisions under Cr.P.C. to ensure that the respondent Nos.5 to 9 would maintain peace and tranquility. Surprisingly, despite having received the complaint dated 19.01.2021, the Senior Superintendent of Police has sat quietly over the entire issue. The omissions being committed by the Senior Superintendent of Police is unacceptable. Therefore, this Court directs the Senior Superintendent of Police, Nainital to appear before this Court on 22.03.2021, and to explain the omissions being committed by him.

This Court also directs the Station House Officer, Police Station, Kaladhungi, District Nainital and Station Officer, Police Chowki Bail Paraw, District Nainital, to provide Police protection to the petitioner Nos.1 to 6 in case they are available in the State of Uttarakhand. In case, the petitioner No.6, Paramjeet Kaur, requires any police protection, when she does visit Uttarakhand, she shall be free to inform the Superintendent of Police, Nainital, with regard to such a requirement. In case, such information is received by the Superintendent of Police, Nainital, from Paramjeet Kaur, he is directed to immediately provide police protection to her. The police protection shall not be limited only to protecting the lives of the petitioner Nos.1 to 6, but shall also extend to protecting their property, if any.

List this case on 22.03.2021.

Let a certified copy of this order be issued to the learned counsel for the petitioner on payment of usual charges.