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Judgment
Petitioner has approached this Court seeking the following relief:
"I. Issue a writ order or direction in the nature of mandamus commanding the respondents to continue the police protection/ guards to petitioner on his own expenses as the petitioner is seriously apprehending threat of his life from his rival persons."
The case of the petitioner is that the petitioner is a permanent resident of State of Uttarakhand. In the year 2012, the petitioner contested the election of M.L.A. from Mussoorie. On 29.02.2012, one person, namely, Lalit Yadav, who belongs to Samajwadi Party, shot 6 gunshot fire upon the petitioner. Regarding the aforesaid incident, an F.I.R. was lodged by the relative of the petitioner at P.S. Mussoorie on 01.03.2012, which was registered, as case crime no. 6 of 2012 under Section 307 I.P.C. It is submitted that after the aforesaid incident the petitioner seriously apprehended threat to his life. Thereafter, petitioner approached the authorities concerned and since then he has been provided
security on his own expenses. It is alleged that after declaration of Model Code of Conduct in the State, the S.S.P. Tehri Garhwal has withdrawn the police protection/ security provided to the petitioner vide order dated 12.01.2017. Thereafter, on 13.01.2017, petitioner moved a representation before the Principal Secretary, Home apprising him with entire facts and circumstances and requested that till the completion of elections his security may be continued. Hence, this writ petition.
Considering all these facts, I direct the Senior Superintendent of Police, Tehri Garhwal to take a decision in the matter, and in case, he finds that the petitioner has threat to his life from his rival group, in that event, the Senior Superintendent of Police or Superintendent of Police will grant protection to the petitioner. Further, if he thinks that a security guard be provided to the petitioner on his own expenses, he may pass appropriate order. But, necessary orders will be passed within a period of three days'' from the date of production of a certified copy of this judgment.
The writ petition is disposed of accordingly.
All the pending applications stand disposed of.
Let a certified copy of this judgment be supplied today itself.
