2017 Supreme(All) 892
ALLAHABAD HIGH COURT
(Lucknow Bench)
BEFORE : SHRI NARAYAN SHUKLA AND VIRENDRA KUMAR-II, JJ.
ASHUTOSH DWIVEDI AND ANOTHER ....Petitioners
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition (M/B) No. 18216 of 2017, decided on 11th August, 2017)
Counsel :
Himanshu Raghave and Atul Kumar Singh Gaur for the Petitioners; C.S.C. for the Respondents.
Headnote:Constitution of India, 1950—Article 226—Police Protection—Threat to life—Determination of—Petition instituted on behalf of petitioners for providing adequate police protection by quashing impugned order passed by SSP—Petitioner No. 1 a student of Class XI—Petitioners unnecessarily invoked Article 226, whereas they have alternative remedy, civil as well as criminal, available against private respondents—Father of petitioner No. 1 is also a life convict and he and his family has no life threat perception—Interference with impugned order declined—Directions issued. [Paras 27 to 33]
Result; Petition Dismissed.
Hon’ble Virendra Kumar-II, J.—Heard Shri Himanshu Raghave, learned counsel for the petitioner and the learned Additional Chief Standing Counsel for the State.
2. This writ petition has been instituted on behalf of petitioners for providing adequate police protection by quashing the order dated 24.8.2016 passed by Senior Superintendent of Police, Lucknow on the representation dated 20.5.2016 and report dated 19.7.2016 of the District Level Committee, Lucknow.
3. It is pleaded by the petitioners that in Writ Petition No. 3780 (MB) of 2015 the order dated 17.5.2016 was passed by this Court. In compliance of this order representation dated 20.5.2016 was made by the petitioners before the Senior Superintendent of Police, Lucknow, which has been rejected vide order dated 24.8.2016. The District Level Committee had also reported on 19.7.2016 against the petitioners stating that there was no danger to the life of petitioners. It is further pleaded that petitioner No. 1 is a student of Class-XI who presently resides with his mother, petitioner No. 2. His handicapped father is keeping away from them in order to seek legal remedies and to escape the clutches of the adversaries.
4. It is further pleaded that the petitioner No. 1 is minor and owns a piece of land on a part, on which, a semi constructed house exists, where petitioners reside. They have fallen prey to the conspiracy hatched by Dr. Som Shekhar Dixit and Jai Prakash Shukla, who want to covet their land and are supported by hooligans, some notorious lawyers, local police, some administrative officials and politicians. Repeated incidents involving violence with the petitioners have virtually left them a captive in their house.
5. It is mentioned that every passing day is driving them nearer to their end. The idea of committing suicide is hovering on their mind. If the father comes to help he would certainly be arrested and some false and fabricated criminal case would be heaped upon him at the instance of the won over Scheduled Caste natives of the village. It is contended that under the orders of this Court, police protection to the petitioners was accorded, however, under the influence of the adversaries it was withdrawn. Now there is such a situation that if police protection to them is not given, they would die under the circumstances sketched by their adversaries.
6. It is contended by the petitioners that Shri Awadhesh Dwivedi, father of petitioner No. 1 and husband of petitioner No. 2 wasborn at Ahmedabad, where his father was employed in a textile mill. He owned ancestral property in village Katari, Tehsil Gauriganj, District Sultanpur (presently Amethi). He was having share admeasuring about 10 Bighas. Shri Jagdhar Dwivedi, grand father of petitioner No. 1 was looking after his ancestral property. Every now and then some mischievous villagers would cause temporary encroachment on their land leading to acrimony. Father of Awadhesh Dwivedi stayed in Ahmedabad. Some of the villagers acted under the command of one gangster Sukh Sagar Mishra alias Fauji, who was a life convict and had been turned out of Army after Court marshal, who made frantic attempts to grab the land of Awadhesh Dwivedi and his father. In the gang of Sukh Sagar Mishra, one Vidya Shraran Tiwari, a dreaded criminal and life convict, has joined hands with the adversaries of the petitioners at Lucknow. Shri Awadhesh Dwivedi was actually staying at Lucknow since 1990. He got education, i.e., graduation and LL.B. from the Lucknow University. He started practicing law from the year 1998 before this Court and the subordinate Courts.
7. It is admitted in the grounds of petition that in Session Trial No. 296 of 2006, Awadhesh Dwivedi was convicted under Section 302 IPC and sentenced for life term vide judgment dated 15.5.2008 relating to the incident dated 23.10.2002 occurred in his native village. Criminal Appeal No. 1167 of 2008, Awadhesh Dwivedi v. State of U.P. is pending. The accused has been released